fMEJ 

'ENNSYLVANIA 

THE NATION 



HIGBY 





Copyright^ ~f* * 



COPYRIGHT DEPOSIT. 



THE 
GOVERNMENT OF PENNSYLVANIA 



AND 



THE NATION 



BY 
CLINTON D. HIGBY, Ph.D. 



U If we would preserve our government, we must 
endear it to the people." — William Penn. 



RE VISED 



D. C. HEATH & CO., PUBLISHERS 

BOSTON NEW YORK CHICAGO 



*^> 



'y 



7 b \N 



Copyright, 1908 and 1913 
By D. C. Heath & Co. 



£CLA312924 



PREFACE 

Some years ago I prepared a small book, "A General 
Outline of Civil Government/' for use in schools, and after 
its publication my associate teachers and friends suggested 
that I should write a book describing the government 
under which the people of Pennsylvania live. It should 
be a book giving the whole of their government, the part 
conducted by the State and the part administered by the 
nation, so that students in schools and others who used 
the book would have before them the complete fabric of 
their government. 

So many of the elements of good citizenship depend 
upon the conduct of the citizen toward the things of his 
government that are near him — the public schools, care 
of the poor, public roads, elections, taxation, expenditure 
of public money, administration of justice, and other public 
affairs in the local districts — that the study of civil gov- 
ernment would indeed be barren without them. These 
subjects I have placed first in the book, and have pro- 
ceeded to them along the path of history which shaped 
them. In describing the government I have told how the 
townships are erected and classified ; how the school dis- 
tricts, poor districts, and election districts are formed, and 
how the government is conducted in them ; how the coun- 
ties supervise the local affairs of the State, taking a larger 
part in the fiscal and judicial affairs than the townships; 
how the boroughs and cities are incorporated, and their 
legal relation to the State; how the central government 

iii 



IV PREFACE 

of the State proceeded from the early provincial govern- 
ment; and how the national government developed from 
the united action of the colonies, remaining everywhere 
within reach of the people, so that the government of the 
people of the State, both State and federal, is in every 
part their own government. 

The actual workings of the government are given, and 
the numerous details are so arranged as to illumine the 
subject rather than to obscure it. Any detail may easily 
be found, and the references to correlated sections of the 
text will help the student to proceed from page to page 
with a clear knowledge of the subject. I have taken great 
pains to be accurate, and to put the student in possession 
of the right knowledge of the principles involved. 

To know one's government is to love it, and to find 
pleasure in the support of its authority and its interests. 
I have placed a high value on this knowledge. I believe 
it will lead one to take a larger part in the government, 
in- the affairs of the home, the township, the borough, the 
city, and the county. It is here that the good citizen finds 
the opportunity of taking part in his government, and it is 
here that good citizenship is worth most to the State, for 
if the local life of the State is not of high character, the 
State is not well governed. 

CLINTON D. HIGBY. 

Erie, Pennsylvania, 
May i, 1908. 



CONTENTS 



CHAPTER 
I. 



II. 



Ill- 



IV. 
V. 



VI. 
VII. 



X. 

XL 
XII. 



Colonial Beginnings of Pennsylvania 

Local Districts . 

The Township 

The Poor District 

The School District . 

The Election District . 
Officers in the Local Districts 

Officers in Charge of Public Roads 

Overseers of the Poor . 

Officers in Charge of Fiscal Affairs 

Election Officers .... 

Officers of Local Courts 

Local Managers of the Public Schools 
The County and the County Courts 
County Officers .... 

Officers of the County Courts 

Officers in Charge of Fiscal Affairs 

Officers who record Written Instruments 

The County Superintendent of Schools 
Boroughs and Borough Officers 
Cities and City Officers . 
VIII. The State .... 
IX. The Legislative Department 
The Executive Department 
The Judicial Department 
The Colonies become a Union of States 

V 



I'AGE 

i 
10 
ii 
14 

15 
16 

20 
21 

22 

23 
27 
29 
34 
40 

52 

53 

59 

63 

65 

70 

76 

87 

94 

108 

122 

131 



VI 



CONTENTS 



XIII. The National Government 

XIV. The Legislative Department . 

The House of Representatives 

The Senate 

How the Laws are Made 

XV. The Executive Department 

The President and the Vice-President 
Executive Departments 
Special Institutions 

XVI. The Judicial Department 
XVII. Federal Territory . 
Appendix 

Organization of Counties and County Towns 

Superintendents of Common Schools of Pennsyl 
vania ........ 

Superintendents of Public Instruction of Pennsyl 
vania ........ 

Normal School Districts 

Governors of Pennsylvania ..... 

Things First in Pennsylvania .... 
Constitution of the Commonwealth of Pennsylvania 
Constitution of the United States 
Index 



PAGE 
I40 

145 
147 
I50 

153 

l S7 
l S7 
161 
171 

175 
181 

187 
187 

188 

189 
189 
189 
191 

195 

247 
263 



THE GOVERNMENT OF PENNSYLVANIA 
AND THE NATION 

CHAPTER I 

COLONIAL BEGINNINGS OF PENNSYLVANIA 

1. Penn obtains land for a free commonwealth. — Perm- Perm ob- 
sylvania was founded by William Penn. He desired to tains land in 

. , , r i/^i i -iti America, 

provide a home for persecuted Quakers and to establish l68l# 
for them a free commonwealth. Therefore he petitioned 
Charles II, King of England, to grant him land in Amer- 
ica in which to make settlements. The king favored the 
request. Penn's father had rendered the English govern- 
ment great service and had lent Charles II a large 
amount of money. In payment of this debt, the king 
granted William Penn, March 4, 1681, the tract of land 
lying north of Maryland, extending west from the Dela- 
ware River as far as the western limit of Maryland, and 
north as far as the State now extends. In drawing up 
the deed, the secretary left a blank space for the king to 
fill in the name of the province. Penn suggested the name 
New Wales, as the country was hilly like Wales ; but 
the king did not like the name. Then Penn suggested Pennsylva- 
Sylvania, the country being wooded. This name pleased ma named - 
the king; and, putting the word Penn before it, he called 
the country Pennsylvania, in honor of Penn's father, Sir 
William Penn. 



2 THE GOVERNMENT OF PENNSYLVANIA 

Penn's 2. William Markham takes possession for Penn. — The 

deputy takes king issued a proclamation commanding the people living 
possession, ^ n ^ p rov i nce t ^ e y the new proprietor ; and Penn sent 
William Markham, his cousin, to take possession. He gave 
Markham authority to announce the king's proclamation, 
appoint officers, establish courts, call a council, and to do 
whatever he found necessary for the peace and safety of 
the country. Markham embarked in May, and arrived in 
the province July I, 1681. Immediately on his arrival he 
established his authority. Out of respect for the different 
nationalities represented in the population, Markham named 
two Swedes to sit in the Council, and chose the Dutch 
village of Upland as capital. The place is now Chester, 
about fifteen miles down the river from Philadelphia. 
Markham appointed also a number of justices of the peace. 
They met at Upland, and held court for all of Upland 
County, as the country about Upland was called. Some of 
the records of this early court may be seen at West Chester. 
At the second session of the court Markham sat with the 
justices. Penn had given him authority to do so. 

Penn per- 3. Penn prepares the way for his government. — Penn 

fectshis remained in England until the autumn of 1682. He was 
engaged in perfecting his title to the province, and in 
informing his followers of the opportunity for settlement 
in Pennsylvania. At the time England came into control 
of the settlements on the Delaware River and the Bay, 
Charles II gave his brother James, Duke of York, the 
right to direct the government of the settlements. Penn 
took the precaution to obtain from the duke a deed 
releasing any claim he might have to Pennsylvania. 
Penn also published a description of the country, and 
explained the government which he proposed to establish. 
The plan of the government consisted of a Charter of 



title, 



COLONIAL BEGINNINGS OF PENNSYLVANIA 3 

Privileges and a number of laws approved by the king. Penn's plan 
The Penn Papers in possession of the Historical Society of g° vern - 
of Pennsylvania show that Penn made twenty drafts of 
the Charter of Privileges before he was satisfied with the 
result. Every freeman was given the right to vote for a 
representative in the Assembly, and to be elected to that 
body ; and no law could be made without the approval of 
the representatives at a session of the Assembly. The 
only requirement as to religion was that the people should 
acknowledge God, and live just and peaceable lives. 

4. Penn arrives in his province. — William Penn arrived Penn arrives 
in the Delaware River and landed at New Castle, Octo- m hls P r ° v " 

t • 1 • ince > I °o2. 

ber 27, 1682. In addition to the papers showing his title 
to the province, he had two deeds from the Duke of York 
for the land farther down the river, which is now the 
State of Delaware. One deed gave him the town of New 
Castle and a district of twelve miles around it, 1 and 
the other gave the land now embraced in the Delaware 
counties of Kent and Sussex. These Lower Counties, as The Lower 
they were called, were obtained by Penn so that he might Counties - 
control the way for ships to his province. After showing 
the people the deeds for the Lower Counties, Penn took 
formal possession of the town of New Castle. The key of 
the fort was delivered to him, and to signify the passing 
of the land the people gave him " one turf with a twig 
upon it, and a porringer of river water and soil." This is 
the way possession of land was delivered at that time. 
Then the people assembled at the court-house and Penn 
made a speech to them. He .explained his plan of gov- 
ernment, and assured the people that they should be pro- 
tected in their religious freedom and civil liberty. All 

1 This circular district around New Castle accounts for the northern 
boundary of Delaware being a curved line. 



THE GOVERNMENT OF PENNSYLVANIA 



The first 
Council. 



The 

Assembly. 



The first 
General 
Assembly, 
1682. 



he asked of them was sobriety and good conduct toward 
one another. 

5. Provincial Council and Assembly. — As soon as Penn 
had taken possession of the province, he ordered an election 
to be held in each county to choose twelve members for 
the Council. The province had three counties (§ 48) and 
the three Lower Counties joined with them, so that the 
Council consisted of seventy-two members. The Council 
acted as advisor to the proprietor and represented his 
interests. Its duties were to originate bills ; 1 execute 
the laws ; care for the safety of the province ; fix the loca- 
tion of ports, cities, and roads ; inspect the public treasury ; 
establish courts, appoint judges, and organize schools; and 
summon and dissolve the General Assembly. The Assem- 
bly represented the people. In accordance with Penn's 
desire, all the freemen met the first year as members of 
the Assembly to adopt the plan of government. After 
the first year the Assembly was to have two hundred mem- 
bers. It was soon found that both bodies were too large 
and their membership was reduced. 

6. Meeting of the first Assembly. - 

met, December 4, 1682, at Chester. 
Council met with the Assembly, 
chosen president, rules were adopted, and committees ap- 
pointed to assist in bringing matters before the General 
Assembly. Two important bills were passed, one annexing 
the Lower Counties and the other making the alien free- 
men citizens. The freemen who were citizens of England 
were considered citizens of the province, but all aliens — 
those who came from foreign countries — had to be made 
citizens by law, that is, naturalized. 

1 A form or draft of a proposed law is called a bill. If it is accepted by the 
law-making body, it becomes a law. 



— The first Assembly 

The members of the 

Nicholas Moore was 



COLONIAL BEGINNINGS OF PENNSYLVANIA 5 

7. Plan of government adopted. — The General Assem- Constitution 
bly then sent a committee to William Penn to inquire ado P ted » 

if he had anything to present. This committee received 
from him the Charter of Privileges and the laws agreed 
upon in England. Taken together they were the constitu- 
tion, or Frame of Government, as Penn called it. The laws 
consisted of forty carefully drawn rules of government, and 
the Charter of Privileges was a declaration of the rights 
of the people. A statement of these inalienable rights is 
usually made the first part of every constitution. Penn 
submitted also a number of bills which he thought should 
be made into laws. The General Assembly adopted the 
Charter of Privileges and the laws without alteration ; but 
the bills proposed by Penn did not fare so well. Several 
of them were changed, and some of them were wholly 
rejected. 

8. Changes in the constitution. — At the meeting of the Amend- 
second General Assembly it was agreed that seventy-two ments - 
members would be enough for both the Council and the 
Assembly — three from each county for the Council, and 

nine from each county for the Assembly. The constitu- 
tion was amended to this effect. Penn's constitution was 
not an unalterable document; it was the first constitution 
in force in America that could be amended. The next 
year the Assembly was reduced to six members from each 
county. Another amendment was much desired by the 
Assembly. The members insisted that the Assembly 
should have the right to introduce legislation; according 
to the constitution, only the Council could frame the pro- 
posed laws, and the Assembly merely accepted or rejected 
the bills sent to it. An effort was made to pass an amend- 
ment giving the Assembly the right to originate bills, but 
Penn would not consent to it. 



THE GOVERNMENT OF PENNSYLVANIA 



Conflict over 
legislation. 



Penn annuls 
the Mark- 
ham consti- 
tution, 1699. 



Constitution 
of 1 701. 



9. The Assembly contests for its rights. — Just at this time 
Penn had to go back to England. A dispute there over the 
boundary line between Pennsylvania and Maryland was 
threatening his interests. He sailed in August, 1684, leav- 
ing Markham deputy-governor in his absence. The mem- 
bers of the General Assembly at once renewed the contest 
for the right to introduce legislation. They refused to 
approve many of the bills introduced by the Council. 
Markham would not grant them the power they asked, and 
the members of the Assembly kept on rejecting bills. The 
contest lasted for some time. Finally Markham had to 
yield, and a new constitution was adopted. 

10. Penn annuls the Markham constitution. — William 
Penn, accompanied by his wife and daughter, returned to 
the province in November, 1699, after an absence of fif- 
teen years. He was not altogether pleased with the way 
affairs had been managed by his governor. He annulled 
the Markham constitution ; it had not received his ap- 
proval and was not legally in force. The people still 
insisted very strongly that the Assembly should not only 
have the right to introduce bills, but that it should be 
given all the rights of a free, law-making body. Penn 
told them, finally, to prepare a constitution, and embody 
in it whatever they wanted. The free commonwealth 
which he had promised the people was now to be estab- 
lished. The General Assembly soon met and the members 
undertook to frame a new constitution ; but they found it 
difficult, and adjourned without accomplishing it. They 
tried again at the next session, and were still unable to 
complete the work. 

11. Constitution of 1701 adopted. — A bill to annex to 
the crown all the proprietary governments in America 
was presented to Parliament at this time, and Penn must 



COLONIAL BEGINNINGS OF PENNSYLVANIA 7 

hasten to England. Before going, he called an extra 
session of the General Assembly to settle the matter of 
adopting a constitution. It met in September, 1701. The 
members proceeded with earnestness, and framed what is 
known as the constitution of 1701. This constitution gave 
the Assembly the right to introduce bills, to choose its Important 
own officers, to appoint committees, to fix the time of chan S es - 
its adjournment, and to have the general powers and 
privileges of a free legislature. The power of establish- 
ing the courts was also given to the Assembly ; but the 
proprietor continued to appoint the judges, and it was one 
hundred and fifty years before they were elected. The 
Council no longer met with the Assembly ; its legislative 
powers were all given to the Assembly. Liberty of con- 
science, recognized in the constitution, could not be taken 
away by any power ; but any other part of the constitu- 
tion could be amended. So complete and just was this 
constitution that in only one thing did the Assembly in- 
crease its power in the next seventy-five years ; before 
1740 it became a fixed principle that to the people, through 
their representatives in the Assembly, belongs the right 
to expend public money, and to determine the manner of 
raising it. 

12. The Lower Counties withdraw. — The Lower Counties Lower 
■ — New Castle, Kent, and Sussex — did not unite closely Counties 

.11 . r^.1 1 !• . - 1 1 withdraw. 

with the province. The people living in them wanted to I704# 
withdraw from the government of Pennsylvania and to 
have a government of their own. This question came 
before the General Assembly in 1701. The Lower Coun- 
ties were joined to the province by an act of the General 
Assembly, and it was only proper that the separation 
should be by the same authority. It was agreed that they 
might withdraw any time after three years, and in 1704 



8 THE GOVERNMENT OF PENNSYLVANIA 

they withdrew. Immediately they organized a govern- 
ment with an Assembly chosen by the people and a 
governor appointed by the proprietor of Pennsylvania. 
This form of government continued in Delaware until 
the Revolution. 

End of pro- 13. End of proprietary control. — It was late in 1701 
pnetarycon- w hen Penn embarked for England. He never came again 

trol, 1776. , . _ , . . :-. , & _ 

to the province, and his interests were in the care of 
deputies till his death in 171 8, at the age of seventy-four 
years. Trustees of his estate, and later his widow and 
sons, conducted the proprietary affairs until the Revolu- 
tion. Then the Assembly of the State of Pennsylvania 
abolished the power of the Penns and their title to the 
land. They were permitted, however, to keep their private 
estates and the rents reserved in the sale of lands ; but 
the right to conduct the government no longer remained 
to them. The Assembly voted the Penns a large sum of 
money (;£ 130,000), the final payment of which was pro- 
vided for by the State in 1781. England also paid them 
an annuity (^4000) for the losses occasioned by the Revo- 
lution. The annuity was later commuted by the payment 
of a fixed sum (^67,000) by the British g6vernment. 

14. Summary. — In 1681 William Penn obtained from Charles II 
land in America for a home for persecuted Quakers. He prepared the 
frame of a free government, to which the king consented, and came to 
the province of Pennsylvania in the autumn of 1682 and organized the 
government. He permitted all the freemen to take part in adopting the 
plan of government and made such changes in the laws as they desired. 
The affairs of the province were managed by the proprietor, or a governor 
appointed by him, and by a Council and an Assembly ; the members of 
these two bodies were elected by vote of the people. The people con- 
tended strongly for the right to make the laws in the Assembly, instead 
of only accepting or rejecting them, and Penn finally granted this right. 



COLONIAL BEGINNINGS OF PENNSYLVANIA 



QUESTIONS 

What events led to William Penn's becoming proprietor of Pennsyl- 
vania ? How did William Markham assist Penn ? Why did Penn delay 
going to his province? How did Penn take possession when he arrived 
in the territory? How is possession of land passed now? 

What interest did James, Duke of York, have in the lands granted to 
Penn? How did Penn acquire this interest? 

What part did Charles II take in shaping the government of Penn- 
sylvania? How did Penn try to perfect his Frame of Government? 
Explain the Charter of Privileges and the laws agreed upon in England. 

Distinguish between Council and General Assembly. Who com- 
posed the first General Assembly? Why? 

What powers did the Assembly have at first? What additional 
powers did it obtain? How did it get them? What right did the 
Assembly come to have later in raising and expending public money? 

Did Penn make his province a "free commonwealth " in 1682 or in 
1 701 ? What became of the Lower Counties? 

What right had the people later to set up an independent State 
government? Should the Penns have been paid for the land? What 
right had Charles II to grant the land to Penn? Under what cir- 
cumstances does the State of Pennsylvania now take land from private 
owners (§ 55)? 



iama \Uim^\Q^ 







ri{{orzk&r. ^fooutoT 







Seal and Signature to the Frame of Government. 



CHAPTER II 

LOCAL DISTRICTS 

First 15. The first settlements. — At the time William Penn 

settlements. arr i ve( j j n t h e province, in 1682, about two thousand peo- 
ple were living in small settlements on the shores of the 
Delaware Bay and up the river as far as the falls where 
Trenton now stands. They were mainly Swedes, Dutch, 
and English. The Swedes came in 1638 and settled near 
the mouth of a stream which they named Christina Creek, 
in honor of their queen. This stream is in Delaware and 
still bears the name — now spelled Christiana — and Wil- 
mington occupies the site of the settlement. Other Swedes 
joined them at Christina Creek, and the settlement re- 
mained under the control of Sweden seventeen years. 
Then the Dutch came and captured it from the Swedes, 
and held all the Delaware lands nine years as Dutch set- 
tlements, until the English in turn took them away from 
the Dutch. 
Early local 16. Their government. — The settlers were too far from 
government. h ome to re t U rn, so they remained in the settlements, even 
though the authority over them had changed. England 
encouraged them to stay by permitting them to continue 
their government much as they had been conducting it. 
The people continued to meet and make rules to regulate 
the local affairs, and they had a voice in choosing the 
local officers. They also had courts in the different settle- 
ments to punish offenders and to correct private wrongs. 



LOCAL DISTRICTS II 

In 1664, when the English came into control, Charles II 
gave his brother, Duke of York, the right to direct the 
government. For twelve years the duke made few changes, 
but in 1676 he ordered the government he had prepared 
put into force. The territory was divided into three parts, Counties 
like English counties ; the names of many of the offices establlsned - 
were changed ; and the county was given control of local 
affairs. This manner of government was only begun, how- 
ever, when William Penn, five years later, took possession 
of the country. Penn's government did not deprive the 
people of the right to conduct the affairs of government 
near their homes, but it rather fostered this right. The 
same general plan of dividing the whole country into coun- 
ties (§ 48), and giving each county the supervision of the 
local affairs, was followed. The small settlements within 
the county retained a part in the government; to them 
were left the details and the control of matters belonging 
to the immediate localities. Thus the local government 
came to be administered partly by the township, and partly 
by the county. 

The Township 

17. The settlements become townships. — At first there The first 
were no political lines bounding the settlements ; they townsh, P s 
were divided only by the unsettled portions of the coun- 
try. Each settlement, however, was a distinct division, 
and its government was in a large degree separate from 
that of the other settlements. The settlements had their 
local officers, such as were needed. These primitive divi- 
sions came to be more completely organized, and their 
boundaries more definitely fixed, as the population in- 
creased. They were first called towns ; later they were 
called townships. Penn continued the name township. 



12 THE GOVERNMENT OF PENNSYLVANIA 

Organiza- 18. Additional townships. — The first townships were 

tion of new erected near Philadelphia, and as fast as the country was 

townships. . . J 

settled other townships were organized. After a time the 
whole of Pennsylvania became settled, and all the terri- 
tory was divided into townships. They were irregular in 
size and shape ; * some were very large and had only a 
small population. As the population increased, the town- 
ships were divided and new ones were organized. Large 
townships are even now subdivided. There is no limit 
to the number the State may have. Whenever the people 
want a new township erected, they petition the court of 
quarter sessions to erect it. Persons who are interested 
may be heard by the court. If the conditions favor the 
petition, the court orders an election so that the people 
may vote on the question. If the vote is favorable, 
the erection of the new township is ordered by the court. 
The papers and a map showing the boundaries are pre- 
served by the clerk of the court, and officers are chosen 
to conduct the affairs of the new township. 

19. Classification of townships. — Prior to 1899 all the 
townships of Pennsylvania had the same government. 
In that year they were divided into two classes, and 
Townships the more populous ones were given a more elaborate gov- 
of the first ernment. Those having a population of 300 or more to 
second class. t ^ ie sc l uare m il e are now townships of the first class ; all 
the others are townships of the second class. Townships 
of the second class, which form much the larger part, con- 
tinue to have the same government that all the townships 
had before the classification. The townships of the first 
class, few in number, have a government somewhat like 

1 In many of the Western States the townships are uniform and regular, each 
six miles square. 



LOCAL DISTRICTS 1 3 

that of a borough, but the legislature did not go so far as 
to give them borough government. 

20. Government and duties of townships. — The govern- Government 
ment of the township is in the hands of officers elected by of . town " 

. ships. 

the people. The citizens do not hold township meetings 
to discuss local matters and vote on them, as is done in 
the New England towns. The decision is intrusted to the 
local officers and their choice is binding. The only way 
to change their decision is to elect a different set of offi- 
cers. This takes time and affords an opportunity for the 
people to consider the question at issue before they act on 
it. This method, by which the people regulate the policy 
of government through periodic election of officers, is an 
important principle of government in both the State and 
the nation. 

In the administration of local government the township Local 
is chiefly concerned with the care of public roads, the levy- dlstncts - 
ing and collecting of taxes, and the administering of justice 
in the local courts. The care of paupers and the manage- 
ment of public schools have become separated from the 
township. Each of these duties falls to a special district 
— the poor district and the school district. Still another 
local district is the election district, a division of territory 
for the convenience of voters. The township, school dis- 
trict, and poor district are corporate bodies, that is, they 
have power to do business as one man would. 

The township is responsible for the condition of the pub- Township 
lie roads and the small bridges — the county usually cares roads - 
for the large bridges. The township supervisors have 
charge of keeping the roads in good condition and build- 
ing new roads. In townships of the first class the town- 
ship commissioners care for the roads. The old custom of 
working out the road tax no longer exists. The road tax 



14 THE GOVERNMENT OF PENNSYLVANIA 

is now all paid in money and the officers who care for the 
roads employ men to keep them in good condition. They 
hire the work done by the day or let it by contract. The 
State helps keep up the roads. This it does by furnishing 
part of the money used on them and by giving the local 
officers information about building roads and caring for 
them. New roads are opened by order of the court of 
quarter sessions. The people living in the vicinity petition 
the court for a road, and viewers are appointed to go to 
the locality and see if the road is needed. If they report 
to the court that the road should be opened, an order is 
made, directing the township supervisors to open the road. 
Private roads are opened in the same way, but at the ex- 
pense of those who ask to have the roads opened. 

The Poor District 

Care of 21. Care of the poor. — At first each township 1 and bor- 

paupers. ugh provided for its own poor. But larger districts have 
grown in favor, because it is convenient in providing a home 
for paupers to bring together a considerable number of them. 
Whenever an almshouse is provided for the paupers of the 
entire county, the care of the poor becomes a part of the 
county government. The county officials appoint agents 
in different parts of the county to assist them in giving 
personal attention to paupers. A residence of one year 
entitles paupers to public aid from the district. If they 
wander from one district to another, they must be sent 
back. The needy, sick, and injured poor must be provided 
with food, shelter, and care, — and in case of death, with 
burial, — whether they reside in the district or not; the 

1 Philadelphia and some of the adjoining townships, however, were from 
the first united to form one large poor district. 



LOCAL DISTRICTS I 5 

county bears this expense. William Penn taught that the 
public purse should be opened to help those who put forth 
their honest endeavors to earn a living, and fail ; but able- 
bodied persons who try to earn a living do not become 
paupers. 

The School District 1 

22. Local management of schools. — The immediate School man- 
management of the public schools is in the care of officers a g emen *. 
elected by the people in small districts. Each township, 
borough, and city is a school district. The meetings of the 

school directors are open to the people of the district ; but 
the school directors decide all questions of local manage- 
ment of the schools. The people do not vote on these 
questions; they elect the school directors to act for them, 
and the school directors control the schools. For this rea- 
son it is always important that the best-fitted persons should 
be chosen school directors. 

23. Formation of school districts. — The territory com- School 
prised in each township, borough, and city is by law made dlstncts - 
a school district; and whenever a new township, borough, 

or city is organized, it becomes also a school district. The 
administration of the school affairs of the new district 
begins on the first Monday in July ; this is the time the 
school year begins. 

School districts are classified. Those having a popula- 
tion of 500,000 or over are districts of the first class; those 

1 Penn provided in his Frame of Government that all the children of the 
province should be taught some useful employment. He realized that 
a necessary part of education is that which fits each one to earn his own living, 
and to provide for those who may be dependent upon him. Penn desired 
that the poor should have the means of earning a living, and that the rich, 
if they became poor, might not come to want. Instruction of this kind is in- 
deed a wise equipment for life; and Penn added a dignity to it by placing it 
in his Frame of Government. 



16 



THE GOVERNMENT OF PENNSYLVANIA 



30,000 or over, but less than 500,000, second class; those 
5000 or over, but less than 30,000, third class; and those 
less than 5000, fourth class. 



Election 
districts. 



Municipal 
election. 



General 
election. 



Primaries. 



The Election District 

24. The people vote near their homes. — Townships 
and boroughs having a small population are each an elec- 
tion district; those having a large population, and the 
cities, are divided in forming election districts. It is a 
rule that when the number of voters in an election district 
become 250, the district is divided and a new one formed. 
This rule is a legal requirement in cities. A voter cannot 
vote outside the district in which he resides ; for this 
reason the districts must be small enough so that all the 
votes may be cast in the time given for voting. 

25. The elections. — Two elections are held — the mu- 
nicipal election and the general election. The municipal 
election, at which are chosen city, ward, borough, town- 
ship, and county officers, is held on the Tuesday next after 
the first Monday in November in the odd year. The 
general election, at which are chosen state and national 
officers, is held on the same day in November in the even year. 
The same election officers conduct both elections. The polls 
open at seven o'clock a.m., and close at seven o'clock p.m. 

Two primaries, or meetings of voters in the election 
district, are held to choose candidates for the offices to be 
filled. The spring primary is held on the second Saturday 
in April in the even year at which candidates for State and 
national offices are nominated. The fall primary is held 
on the last Saturday in September in the odd year, at 
which candidates for the local offices are nominated. The 
members of all political parties meet at the same primary. 
Each voter has the right to receive the ballot of the party 



LOCAL DISTRICTS 1 7 

for which he asks, unless some one objects to his receiving 
it on the ground that he is not a member of that party. 
To entitle him then to receive the ballot, he must make 
oath or affirmation that at the last general election in 
which he took part he voted for a majority of the candi- 
dates of that party. The primaries are held from two 
o'clock to eight o'clock p.m. 

26. The voter. — The right to vote is limited to male Qualification 
citizens twenty-one years of age and upward. A resi- of the voter * 
dence in the State for one year immediately preceding the 
election is required. But if a man has once been a voter in 
the State and establishes a residence outside, a residence 
of only six months is required on his return. For the last 
two months, in every case, he must live in the election dis- 
trict where he offers to vote. Men who come from other 
countries must be naturalized at least one month before 
they can vote; and to be naturalized requires a residence 
of five years in the United States. Young men of legal 
age may vote until they are twenty-two years old without 
paying a tax. After that age (which gives time to levy and 
collect a tax), all voters are required to pay a State or 
county tax before they can vote. The tax must have 
been levied at least two months before the election, and 
paid not later than one month before that date. 

Voters are registered before each election. The lists Registra- 
are sent to the county commissioners, who copy the names 
and send them to the election officers to use as voting lists. 
In the cities each man is required to register in person. 
Those who claim the right to vote go to the polling places 
on certain days, the registrars examine them, and if they 
are legal voters their names are put on the lists. Voters 
absent from the city or ill on registration day, may have 
their names added to the lists later. In the election dis- 



tion. 



1 8 THE GOVERNMENT OF PENNSYLVANIA 

tricts outside the cities, assessors register the voters 

(§ 34)- 

Only about one fifth of the population are voters. The 
right to vote is given by the people of the State ; and 
every voter is by duty bound to the State to accept the 
privilege and to exercise it to the best of his ability. It is 
his civil duty, and is as important to the State as his mili- 
tary duty. 

27. Summary. — The government of the State began in a number of 
small settlements. The independence of these settlements has not been 
wholly lost ; it is still present in the local divisions of the State. The 
people elect the officers in the local districts, and these officers apply 
the laws of government as they think best. The people must abide by 
their judgment, or at the next election choose new officers, who have the 
same freedom of judgment in conducting local affairs. The township is 
the road district, and it is also the division for the levy and collection 
of taxes, and for the administration of justice in the lowest court. The 
management of the public schools and the care of the poor are separate 
from township affairs; each has .its own district, which is a corporate 
body similar to a township. Elections are held in small divisions of 
territory, called election districts. They have no corporate powers, 
being mere divisions for convenience in voting. 

QUESTIONS 

How many settlers were living on the Delaware River and Bay when 
Penn arrived? Of what nationalities, mainly? 

What had the Duke of York to do with the government of the settle- 
ments ? 

What is a township? What affairs belong to the township? To the 
school district ? To the poor district ? 

How many townships may be erected? How is a township erected? 
How are townships classified? How does the government of the two 
classes differ? 

Do the supervisors in repairing the roads have to go beyond the 
limits of their township? Could a tax collector go from his township 
into another and collect taxes? Could a justice of the peace sit and 
hear a lawsuit for some other justice of the peace in another town- 
ship ? 



LOCAL DISTRICTS 



19 



Are school directors officers of the school district or of the township? 
Which is liable for the care of a pauper, the poor district or the town- 
ship ? 

What is a pauper? Should an able-bodied man out of work be given 
public aid? W T hat was Penn's rule? 

What provision did Penn put in the first constitution of the province 
as to education? How does the number of school districts increase? 
How are school districts classified? 

What is an election district? When are new election districts 
created? Can a man vote in the election district where he happens to 
be at the time of an election? What officers are elected at the munici- 
pal election ? At the general election? When are these elections held? 
When is the fall primary held ? The spring primary ? Give all of 
the qualifications of a voter. 




The First Town Hall and Court-house, Philadelphia. 



CHAPTER III 



OFFICERS IN THE LOCAL DISTRICTS 



Term of 
local officers. 



Filling 
vacancies. 



28. Election and term of office. — The officers of the 
local districts are elected by the voters of the districts at 
the municipal election (§25). At this election general 
political questions do not enter, and the people are free to 
consider the needs peculiar to the districts. The term of 
local officers begins, with some exceptions, on the first 
Monday in March. Magistrates and constables in Phila- 
delphia take their offices on the first Monday in April ; 
justices of the peace and aldermen in cities, on the first 
Monday in May; and school directors, on the first Monday 
in June. The term of office is four years, except for school 
directors and officers holding local courts, who are elected 
for six years, and constables in Philadelphia for five years. 

29. Vacancies in office. — In most cases the court of 
quarter sessions fills a vacancy in office in a local district, 
usually for the remainder of the term. A vacancy in the 
office of justice of the peace, alderman, or magistrate is 
filled by the governor until the next municipal election ; in 
the office of school director, by the remainder of the school 
board until the next municipal election ; in the office of 
assessor, by the county commissioners ; and in the offices 
of judge of election and inspector of election, by the court 
of common pleas for the cities, and by the court of quarter 
sessions for the townships and boroughs. 

20 



OFFICERS IN THE LOCAL DISTRICTS 21 



Officers in Charge of Public Roads 

30. Township supervisors. — The roads and small bridges Township 
in townships of the second class are in the care of three su P ervls o rs 

x . m townships 

township supervisors, chosen, one at the first election, and of second 
two at the next. They meet annually on the first Monday class - 
in December, and levy the road tax and divide the town- 
ship into road districts. They hire a superintendent for 
the whole township or appoint a roadmaster in each district 
to direct the work of men employed to work on the roads. 
It is their duty to take care of the roads, and to see that such 
necessary conveniences as watering-troughs and guide- 
boards are provided. Landowners may build sidewalks 
in front of their property, and the law protects the walks. 
They may also erect watering-troughs and plant trees 
along the roadside. For these services, and also for using 
wide-tired wagons, the taxpayers receive a small credit on 
their road tax. Road supervisors are paid for work done. 

31. Township commissioners. — In townships of the first Commis- 
class (S iq) the duties of the former road supervisors are sloners m 

r j i " i • • • V • townships 

now periormed by township commissioners, who are given f ^ rst c j ass# 
much larger duties. One township commissioner is elected 
every two years in each election district in the township. 
If the township does not have as many as five election dis- 
tricts, — the smallest number of commissioners a township 
of this class may have, — one township commissioner is 
elected in each election district, and the remainder of the 
number from the township at large. They not only keep 
the roads in good condition, but they may provide curb- 
stones, pavements, and sidewalks. They may construct 
sewers and make the owners of adjacent land use them to 
preserve the public health, and also regulate or abate 
places harmful to health. They may also maintain a police 



22 



THE GOVERNMENT OF PENNSYLVANIA 



force and a fire department, and supply the people with 
water. In regulating these matters they pass ordinances * 
at their monthly meetings. Any breach of these ordi- 
nances may be punished by fine and imprisonment. Town- 
ship commissioners have power to levy a tax, borrow 
money, and issue bonds ; but these powers are carefully 
limited. They receive no pay. 

Town clerk. 32. Town clerk and secretary. — The board of township 
commissioners elect a town clerk who acts as secretary of 
the board, keeping the official minutes of the board and 
performing other clerical duties. He also keeps a record 
of all the transfers of land in the township, showing the 
number of acres conveyed, the location of the land, and 
the price it sold for, if given. The purpose of keeping 
this record is to enable the township assessors to put the 
true value on the land and to assess it in the name of the 
real owners. The board of township commissioners fix his 
salary by ordinance. 

Secretary. In townships of the second class the township super- 

visors appoint a secretary annually. He keeps the official 
minutes of their meetings and performs other minor duties. 
His pay is fixed by the township auditors. 

Overseers of the Poor 

Overseers 33. Overseers of the poor. — The local poor districts that 

of the poor. st jjj exist elect each two overseers of the poor, one of 
whom may be a woman. They are elected for four years. 
It is their duty to furnish public relief to persons who 
are entitled to it (§ 21). Assistance may be given such 
paupers in their own homes, or they may be cared for in 



1 Ordinance is the term applied to local laws and regulations passed by the 
local governing body. 



OFFICERS IN THE LOCAL DISTRICTS 23 

other places. An order from two justices of the peace is 

necessary in ordinary instances to put a pauper on the 

public charge. In some parts of Pennsylvania, however, Care of the 

an order from one justice is enough. In cases of emer- P oor - 

gency, relief may precede the order. Poor persons who are 

able to work, but are without employment, may be put to 

work at whatever the overseers provide. The overseers 

may put them to work on the roads, with the consent 

of the road supervisors. Those not able to work must 

be cared for without laboring. Indigent orphan children 

may be put out as apprentices — girls till they are 

eighteen, and boys till they are twenty-one. Overseers 

of the poor have power to levy a tax for the relief of 

paupers. They are paid by the day. 

Officers in Charge of Fiscal Affairs 

34. Assessors. — Taxes are apportioned according to the x\ssessors. 
value of property of various kinds. This value is de- 
termined by officials called assessors. Every three years 
assessors receive notice from the county commissioners to 
make a true list of all taxable persons and taxable property 
in their districts, with a just valuation of the property. 
Each township has an assessor, and boroughs have 
assessors, — one in each ward, if the borough is divided. 
Cities and some large counties have several assessors, 
organized as aboard of assessment. Philadelphia has two 
assessors in each assessment district, appointed by the 
board of revision of taxes of the city. Assessors are paid 
by the day. 

The property assessed consists of land and the buildings Property 
thereon ; horses, mules, and cattle, over four years old ; that 1S as " 
offices and positions of profit, professions, and trades, 
except farming. The number of dogs in each district 



24 THE GOVERNMENT OF PENNSYLVANIA 

is recorded, for the county commissioners lay a tax on 
them, which goes into a fund to pay for sheep killed or 
injured by dogs. A valuation is also put on cabs, stages, 
coaches, and other vehicles used in transporting passengers 
for hire, except street and steam railway cars. Vehicles 
used for hire are taxed four mills on the dollar, if the 
income from the business exceeds $200 a year, and the 
money goes to the State. The State also taxes mortgages 
and certain other legal papers four mills on the dollar. 
The amount of such property is ascertained by the 
assessors from the sworn statement of each taxable 
person. 

The tax levy. The county commissioners examine the lists returned by 
the assessors, and correct any errors. Upon the valuation 
given in these lists they levy the annual county tax. 1 
Copies of the assessments are then given to the assessors, 
who give the taxables in their respective districts notice of 
the valuation put on their property and of the rate of the 
levy. Persons who claim that errors have been made in 
the valuation of their property may appeal to the com- 
missioners. The county commissioners sit as a board of 
tax revision after each triennial assessment for the purpose 
of correcting, revising, and equalizing the valuation of 
property. 

This valuation is also the basis on which are laid the 
taxes levied in the local districts. The county com- 
missioners furnish copies of the valuation to the local 
officers who levy taxes. 

School tax. All resident men of twenty-one years or older are 
assessed, in addition to the tax on property, a per capita 

1 The amount of money to be raised by taxation is determined, and that 
sum, divided by the total assessed value of the district, fixes the rate of tax to 
be charged. 



OFFICERS IN THE LOCAL DISTRICTS 25 

tax of one dollar, for school purposes ; and a similar tax 
is laid in townships and boroughs for the improvement of Road tax. 
roads. In order to encourage the growth of trees a small 
rebate in taxes on timber land is given to owners of land 
having on it young trees. 

In addition to their duties in assessing property, assess- Registry of 
ors make lists of voters in the election districts outside voters - 
the cities (§ 26). If there is more than one election district 
in the local division, assistant assessors are appointed to 
register the voters. 

35. Collector. — A collector of taxes is elected in each Collectors 0/ 
township of the second class and in each borough. In taxes - 
townships of the first class the treasurer or his deputy 
collects the tax. In cities the collectors are appointed by 
the county commissioners. They collect the State, the 
county, and the dog tax on an order, or warrant, from 
the county commissioners ; and the township, borough, 
city, school, and road taxes on warrants from officers who 
levy the taxes in these different divisions. The road tax 
may be collected by township supervisors themselves, or 
by any person whom they authorize ; but all the other 
taxes, except in townships of the first class, must be col- 
lected by the collector. There is, however, an occasional 
instance where a local law provides otherwise. 

Each tax list given the collector is copied into a small The process 
book, called a duplicate, in which is stated his authority of collectin g 
to collect the tax. After receiving the duplicate, the 
collector in a township or in a borough posts notices 
informing the taxpayers that he is ready to receive the 
tax. Those who pay their tax within ninety days receive 
a reduction of five per cent. If payment is delayed six 
months after the notice is given, a charge of five per cent 
is added to the tax. If a taxable does not pay his tax, 



26 THE GOVERNMENT OF PENNSYLVANIA 

his goods may be seized and sold by the collector ; and if 
this proceeding fails to get the tax, an order may be had 
from a justice of the peace to put him in jail. Duplicate 
stubs of tax receipts are sent to the county commissioners, 
who keep them to prevent the use of false tax receipts in 
voting (§ 26). 

A collector receives for his services three per cent on 
the money paid him within the sixty days from his notice, 
unless such payment would exceed $1000; if that is the 
case, he has only two per cent. On all money collected 
afterward he receives five per cent. 

Treasurers. 36. Treasurer. — All the townships and boroughs now 
have treasurers. In townships of the first class, and bor- 
oughs, treasurers are elected for a term of four years. In 
townships of the second class treasurers are appointed by 
the township supervisors each year at the time the super- 
visors organize the board. The treasurer receives the 
money collected for the township and pays it out on war- 
rants drawn by the township officers who have authority 
to expend the money. He keeps distinct accounts of the 
funds in his care, and his books are open to the public. 
He is required to give a bond * with sureties for the per- 
formance of his duties. The pay of the treasurer in the 
boroughs and townships of the second class is only a small 
percentage of the money received and paid out by them. 
In townships of the first class, treasurers are also paid for 
collecting the taxes. 

Auditors. 37. Auditors. — The townships and boroughs have each 

three auditors who are elected for a term of four years. 

1 The bond \s a document which the official signs binding himself to per- 
form fully and honestly the duties of his office. Some person or company, as 
surety, becomes responsible for the performance of the -obligations stated in 
the bond and for the payment of a specified sum in case of failure or loss. 



OFFICERS IN THE LOCAL DISTRICTS 2/ 

Independent school districts also have three auditors. 

It is the duty of auditors to audit the public accounts ; that 

is, to examine the accounts of the persons who keep the How the 

public funds to see if the money has been expended audltors P ro * 

i. ii ii -ii i tect the pub- 

accordmg to the law, and that no mistakes have been lic money . 
made. If the auditors disapprove of an expenditure, the 
officer who paid out the money must either return it or 
take the matter to the court of common pleas for a higher 
decision. 

After auditing the accounts, the auditors report the 
result of their examination by filing one copy of the 
accounts with the local clerk — or the auditor longest in 
office, if there is no clerk — and another copy with the 
clerk of the court of quarter sessions. They also post 
itemized statements of the accounts for the inspection of 
the public. If an officer or any citizen is not satisfied 
with the report, he may have the matter reviewed by the 
court of common pleas. 

Auditors are sometimes required to act as fence viewers 
in disputes over line fences, and to adjust damages for 
opening public roads. They may also be called upon by 
a justice of the peace to appraise damage done to sheep by 
dogs. They are paid by the day. 

Election Officers 

38. Election officers. — A board of election officers, con- Judge and 
sisting of one judge and two inspectors, holds the elections ins P ectors °* 
(§ 25). They are elected for two years. In choosing the 
inspectors, only one is voted for by each voter. This gives 
the choice of one of them to a political party in minority. 
Each inspector appoints a clerk. Questions as to quali- 
fications of persons offering to vote are submitted to the 
inspectors. If they cannot agree, the judge of election 



28 



THE GOVERNMENT OF PENNSYLVANIA 



The ballot. 



The result of 
an election. 



The ballot- 
box. 



must decide. The ballots, which are furnished by the 
county commissioners, are kept sealed by the judge of elec- 
tion until the polls {i.e. the voting place) are open. Each 
voter then receives a ballot, which he marks and folds 
in a private voting booth, and passing out puts into the 
ballot-box. If a voter is unable to mark his ballot by 
reason of disability, he may choose some voter to assist him ; 
but soliciting votes is not permitted in the voting room. 

As soon as the polls close, the election officers begin 
counting the votes. When they are counted, the result is 
fully and publicly declared, and a statement showing the 
number of votes cast for each candidate is posted on 
the outide of the door of the polling place. A similar 
report is delivered personally by the judge of election to 
the clerk of the court of quarter sessions, if the election 
is held to choose township or borough officers — or. to the 
prothonotary of the court of common pleas, if county, 
State, or national officers are being elected. 1 The records 
of the election are put in the ballot-box, which is securely 
locked and sealed. It is then delivered by the judge of 
election and minority inspector to such person as the court 
of common pleas has designated — except that in Philadel- 
phia and some other cities the mayor is custodian of the 
ballot-boxes. In the country districts justices of the peace 
are usually designated as custodians. Unless the ballot- 
boxes are opened to investigate some charge of fraud or 
mistake, they are kept sealed until the next election. Then 
the election officers, when ready to use the ballot-boxes, 
open them and burn the former ballots and other papers 
in them. 



1 Officers holding the local courts who are commissioned by the governor, 
are in that sense State officers, and their election is therefore reported to the 
prothonotary. 



OFFICERS IN THE LOCAL DISTRICTS 29 

The election officers receive a fixed amount of pay for 
^heir services in holding each election, and one half of that 
amount for holding primaries (§ 25). 

Officers of Local Courts 

39. Justices of the peace. — In each of the townships Justices of 
and boroughs the law provides for the election of two t e P eace * 
justices of the peace, but sometimes, if there is little 
business, only one of them qualifies for office. More than 
two may be elected, if a majority of the voters so decide. 
Boroughs that are divided into wards have usually two 
justices of the peace in each ward, but in some boroughs 
there is only one in each ward. In many of the cities 
(except Philadelphia) one alderman having the same duties 
as a justice of the peace, is elected in each ward. Phila- 
delphia is divided into districts for each 30,000 inhabitants, 
and one magistrate is elected for each district. His duties, 
too, are practically the same as those of a justice of the 
peace, except that he cannot hear cases involving more 
than $100. Justices of the peace and aldermen have juris- 
diction of cases involving as much as $ 300. 

A man who is elected justice of the peace or alderman, 
if he wishes to take the office, delivers to the prothono- 
tary within thirty days of his election his acceptance of 
the office. The acceptance is sent to the secretary of the 
State, and the governor issues a commission to the per- 
son elected. The commission is sent to the recorder, from 
whom the officer-elect receives it, after he has taken the 
oath of office and given the required bond, and the com- 
mission has been recorded. 

Justices of the peace represent the government as guar- justices' jur- 
dians of the peace. They have final jurisdiction of certain lsdlctlon in 

. 1 rr 1 • i t 1 criminal 

petty criminal offenses, but give only a preliminary hear- cases> 



30 THE GOVERNMENT OF PENNSYLVANIA 

ing to persons charged with serious crimes. If they find 
no ground for the charge of a serious crime, they may set 
the accused person free. But if there is ground for the 
charge, they may send the accused to the county jail to await 
trial; or they may release him on bail 1 with surety. In the 
most serious cases bail cannot be taken by a justice of the 
peace, the higher courts having control of such matters. 
Civil juris- Justices of the peace have also civil jurisdiction — that is, 

diction. authority to decide disputes between citizens. A justice of 

the peace, alderman, or magistrate may perform the mar- 
riage ceremony for persons who have procured a marriage 
license (§ 68). They may also administer oaths or affir* 
mations to persons making affidavits, and take acknowl- 
edgments of deeds, mortgages, and other papers to be 
recorded. 

Justices of the peace and aldermen hold their offices in 
their local districts, but cases may come to them from any 
part of the county. The pay consists of fixed fees for 
services rendered; magistrates in Philadelphia receive a 
salary. 

40. Civil suit before a justice of the peace. — If a person 
wishes to sue another in a justice's court, he goes to the 
justice of the peace for a summons. This is a writ direct- 
ing the constable to summon the person against whom the 
suit is brought to appear before the justice at a certain time, 
to answer the demand of the plaintiff. The person or 
party that begins a civil suit is called the plaintiff, and 
the one against whom it is brought is the defendant. 

At the time fixed for the defendant to appear, the trial 

1 In giving bail, the accused guarantees that he will appear for the trial 
whenever the court orders, or forfeit the sum named as his bail. His surety 
is some person or persons who take the responsibility for his appearance in 
court or for the payment of the forfeiture. 



OFFICERS IN THE LOCAL DISTRICTS 3 1 

of the case begins, unless it is adjourned to some other Trial of a 
day for some reason, such as the sickness of an important cml sult# 
witness. The plaintiff makes a concise statement of his 
demand, which must be accompanied by the evidences of 
debt, or copies, such as notes, contracts, book entries, and 
the like. The defendant must then say whether he denies 
all or any part of the claim, or admits it. If he admits 
the plaintiff's claim, the justice gives the plaintiff judg- 
ment for the amount of the claim, with costs ; but if he 
denies the claim, or any part of it, the matter in dispute is 
heard by the justice. Written documents having a bear- 
ing upon the matter may be put in evidence, and persons 
who know about the disputed matter may be examined. 
After the evidence is given, the parties to the suit, or their 
attorneys, may address the justice, calling attention to the 
evidence produced and the law that bears upon the ques- 
tions to be decided. The justice then gives his decision 
publicly, or he may take time to decide, but not longer 
than ten days. 

If either party believes that injustice has been done Appeal, 
him, he may take an appeal 1 to the county court within 
twenty days. If the amount passed upon by the justice 
does not exceed $5.33, no appeal can be taken; the case is 
too trifling. 

Immediately after judgment is given, the plaintiff may 
have a writ, called an execution, authorizing the constable 
to seize property of the defendant and sell it in due course 
of law to pay the judgment. But the usual course is to 
wait until the time for taking an appeal has expired, unless 
the property of the defendant is about to be removed or 

1 In taking an appeal, the appellant must make affidavit that the appeal is 
not taken for the purpose of delay, pay the costs as the law directs, and give 
security for the payment of costs that will be made in the higher court. 



32 



THE GOVERNMENT OF PENNSYLVANIA 



otherwise disposed of. An immediate procedure, however, 
does not deprive the defendant of his right to take an 
appeal or to have the time allowed by law in which to pay 
the judgment upon his giving security for its payment. 



Criminal 
prosecution. 



Function of 
the justice. 



41. Criminal prosecution before a justice of the peace. — 

A criminal prosecution is begun before a justice of the 
peace by making a written information that some desig- 
nated person has committed an offense against the law 
and — as runs the required endings of such complaints — 
against the peace and dignity of the commonwealth of 
Pennsylvania. The offense must be specially set forth. 
On this complaint the justice issues a warrant, which is 
directed to a constable or other proper officer, command- 
ing him to arrest the person named therein and bring him 
before some police or justice court for trial or examination. 

If the offense alleged is of a petty nature and within 
the power of the justice to try, the matter is disposed of 
very much as a civil case is tried : the information is read 
to the prisoner and he is given an opportunity to plead, 
that is, to say whether he is guilty of the offense charged 
or not. If he pleads guilty, there is nothing for the jus- 
tice to do but sentence him according to law, provided 
the offense is one that does not require the sentence to be 
given by a higher court. If he pleads not guilty, the 
question of his guilt must be settled before the case can 
proceed. If the case must go to the higher court because 
it legally belongs there, it may be sent there on the plea 
of guilty, or after the preliminary hearing at which good 
grounds for the charge are found. If the charge is not 
supported before the justice by such testimony as would 
convict, the accused is discharged. 

Criminal offenses are wrongs committed against all the 



OFFICERS IN THE LOCAL DISTRICTS 33 

people of the State, and the commonwealth of Pennsylvania The com- 
seeks to prevent crimes by punishing those who commit monwealth 
them. For this reason the commonwealth is always one c^inal* " 
party to a criminal case, and the accused person is the other cases. 
— the defendant. The person who makes the complaint 
is called the prosecutor. He is the principal witness for 
the commonwealth, and gives in evidence the facts which 
led him to make the complaint. 

Every person is in duty bound to help keep the laws The duty to 
inviolate. Even a private person may make an arrest arrest - 
without a warrant, if a breach of the peace or other criminal 
offense is committed in his view, — it is his duty to do so, 
if a felony 1 is committed in his view. Justices of the 
peace, constables, and policemen, and also the sheriff and 
other high officers, must arrest persons committing a 
breach of the peace or other criminal offense in their 
view, and they must arrest any person who they have good 
reason to believe has committed a felony. If it were 
always necessary to have papers drawn before criminals 
could be arrested, many of them would escape. 

42. Constable. — The peace and safety of a community Duties of the 
are in the care of the constable. It is his duty to preserve constable - 
order and enforce the law. He must arrest persons 
who break the law, and bring them before the court to 
answer for their conduct. He serves writs issued by 
justices of the peace, — summonses, warrants, and execu- 
tions. He also posts notices of township elections, and 
attends the voting places on election day to see that voters 
are free to go to and from the polls without hindrance. 
The constable must visit once a month places where 

1 Felony includes the gravest crimes, usually punishable by imprisonment or 
death. 



34 



THE GOVERNMENT OF PENNSYLVANIA 



Aid to 
constable. 



High con- 
stable. 



liquors are sold and report any violations of the law to the 
court of quarter sessions. This report is made the first 
week of each term of the court, at which time he reports 
other breaches of law in his district. He is also fire, 
game, and fish warden. As fire warden he has authority 
to arrest any person wantonly starting a fire in a forest 
and to take means to extinguish such fire. As game and 
fish warden he may arrest any person killing game or 
taking fish out of season. 

In the execution of the duties of his office a constable 
has the right to call upon bystanders to help him. If 
any one refuses to assist a constable or other peace 
officer who is being resisted, when asked by him to do 
so, he may be punished for not helping the officer. Not 
only must the citizen assent to the laws, but he must give 
aid, if necessary, in their execution. 

One constable is elected in each township. A borough 
may elect a constable and a high constable, or one person 
to act as both. The duties of a high constable are usu- 
ally confined to serving papers issued by the burgess or 
other officers of the borough. Both boroughs and cities 
have this office of high constable, but it is frequently 
filled by the same person who is constable. The bor- 
oughs divided into wards, and the cities, have a constable 
in each ward. Constables receive fixed fees for each item 
of business. 



School 
directors. 



Local Managers of the Public Schools 

43. School directors. — School districts of the fourth 
class (23) — nearly all the townships, and the small bor- 
oughs — have each a board of five school directors; school 
districts of the third class — thickly populated townships, 
large boroughs, and small cities — have each a board of 



OFFICERS IN THE LOCAL DISTRICTS 35 

seven school directors ; school districts of the second 
class — large cities, except Philadelphia and Pittsburg — 
have each a board of nine school directors ; and school 
districts of the first class — Philadelphia and Pittsburg — 
have each a board of fifteen school directors. 

In all school districts, except those of the first class, the Elected 
school directors are elected at large, part of the board at at lar S e - 
a time — that is, all voters take part in choosing each 
director. The term of office is six years, and begins on 
the first Monday in December. In districts of the first Appointed, 
class the school directors are appointed in the month of 
October, five every two years, by the judges of the courts 
of common pleas, for a term of six years, which begins 
on the second Monday in November. The school year 
(23) in districts of the first class begins on the first day 
of January. 

The school directors are required to establish schools Duties and 
for the education of all children of school age residing P owers - 
in the school district, and to keep the schools open as 
required by law. The school term must be not less than 
seven months in the year and not more than ten months. 
The school directors may grade the schools, decide what 
branches shall be taught in addition to the elementary 
course of study (§ 46), which must be taught, and sus- 
pend or expel pupils. They may also give directions as 
to the way in which the work shall be done, but they are 
not permitted to teach. They hire the teachers, and adopt 
and purchase school books and supplies. In purchasing 
books or supplies they may not act as agents for them 
or promote their sale in any way ; and in hiring teachers 
family, political, or church influence is not to enter into 
the selection. Teachers are not permitted to wear while 
teaching any dress or other thing indicating that they 



36 



THE GOVERNMENT OF PENNSYLVANIA 



belong to any particular church denomination. School 
directors may adopt measures to prevent the spreading of 
contagious diseases in the schools, and to protect schools 
from danger by fire. They receive no pay. 



Common 
schools. 



High 

schools. 



Special 
schools. 



Libraries. 



44. Public schools. — Elementary common schools are 
established in every school district. The city and the 
borough districts, and many of the township districts, 
have also public high schools. A special appropriation is 
given high schools by the State, provided the board of 
school directors of the district adopts a course of study 
approved by the state superintendent of public instruc- 
tion and employs teachers qualified to teach the course. 
There are three grades of high schools : those having a 
course of study extending four years beyond the common 
school course are of the first class ; those three years be- 
yond, of the second class ; and those two years beyond, 
of the third class. 

For boys and girls employed during the day, school 
directors may provide an evening school. It is controlled 
and supported the same as a day school. Schools are also 
provided for deaf mutes, blind children, feeble-minded 
children, and soldiers' orphans ; and kindergartens for 
children between the ages of three and six years may be 
established. 

Also, in connection with public schools, a school library 
and a district library may be provided. The school library 
is for the use of the pupils of a school only; the district 
library is a public library for the use of the residents of 
the district. A small tax may be laid by the board of 
school directors to support the district library, but the 
school library is supported by the pupils and persons inter- 
ested in the school. 



OFFICERS IN THE LOCAL DISTRICTS 37 

Pennsylvania now appropriates annually the sum of 
$7,500,000 to its public schools. 

45. Compulsory attendance. — Since the attendance law Compulsory 
of 1895 was passed, parents who do not of their own attendance - 
accord send their children to school are compelled to do 

so. Children between the ages of eight and sixteen years 
must attend the public school, or some other school where 
the elementary English branches are taught, or must be 
taught the same studies by a private tutor during the time 
the public school is in session. The school directors may 
reduce the time of compulsory attendance, if they see fit. 
An exception is made in the law so that the require- 
ments do not apply to children who reside more than two 
miles from a public school, and to those above fourteen 
years of age who are employed in some useful service, 
provided they have learned to read and write English. 

46. Teachers of public schools. — A teacher of a public Quaiifica- 
school must have a teacher's certificate. To obtain the tlonso 

teachers. 

lowest grade certificate requires a fair knowledge of the 
elementary branches 1 taught in the public schools. Good 
moral character is required, and the applicant for a 
certificate must not be addicted to the use of intoxicating 
drinks as a beverage, or to the habit of taking opium. 
Superintendents of schools hold public examinations in the 
elementary branches once a year, and issue provisional 
certificates to those who qualify under them. They mark 
on the certificates the branches in which the person has 

1 In Pennsylvania the elementary school subjects required to be taught 
are spelling, reading, writing, arithmetic, geography, English grammar, history 
of the United States and of Pennsylvania, including the elements of civil 
government, physiology and hygiene. The lowest grade certificates include 
also elementary algebra, school management, and methods of teaching. 



38 



THE GOVERNMENT OF PENNSYLVANIA 



Term and 
pay of 
teachers. 



been found proficient, and indicate the degree of profi- 
ciency. Higher certificates are given to persons of experi- 
ence in teaching, and to those who complete the courses 
of study in normal schools and in other institutions of 
learning. 

Teachers are hired for the annual term of school, but 
those who hold the higher grade certificates may be hired 
for a longer period. They are paid by the month. A 
school district must pay its teachers at least forty dollars 
a month in order to share the appropriation to the public 
schools made by the State. Twenty days of teaching con- 
stitute a month. Public schools are not kept open on 
Saturdays or on legal holidays ; and they are closed during 
the week of the county teachers' institute. The teachers 
attend the institute and are paid three dollars a day. 

47. Summary. — The officers in the local districts are : — 

The officers in charge of the public roads, — three township super- 
visors in townships of the second class ; five or more township commis- 
sioners in townships of the first class, who may also construct sewers, 
regulate places injurious to health, maintain a police force and a fire 
department, and supply the people with water ; and a secretary of the 
board of supervisors and clerk to the township commissioners, called 
town clerk. 

The officers in care of the paupers, where the paupers are in the care 
of the township, — two overseers of the poor. 

The officers who have to do with the funds of the school district, the 
poor district, and the township, — one assessor, one collector, one 
treasurer, and three auditors. 

The officers who hold the elections, — one judge of election and two 
inspectors of election, and a clerk appointed by each inspector. 

The officers of the local courts, — two justices of the peace and one 
constable. 

The officers in charge of the public schools, — five or more school 
directors. 



OFFICERS IN THE LOCAL DISTRICTS 39 

QUESTIONS 

When are officers in local districts elected? For how long a term? 
When do they take office? How are vacancies in local offices filled? 

Compare township supervisors and township commissioners, — as to 
manner of election ; number of officers ; meetings; powers. What are 
the duties of the town clerk? 

When does a poor person become a public charge? Can he be put 
to work? Where? How may indigent orphan children be employed? 
How is money obtained for use in caring for paupers? 

How is property assessed for purposes of taxation? Give all the 
proceedings from the assessment of property to the collection of county 
tax on land, of tax on dogs, of state tax on mortgages. How is the 
valuation of property obtained on which to levy a road tax ; a poor tax ; 
a school tax? Who levies each tax? If a township officer makes a 
wrong use of township funds, how is it found out? What two courses 
only are open to the officer? 

Tell all the steps in the course of a ballot from its printing by direc- 
tion of the county commissioners till it is burned by the election 
officers. What election returns go to the clerk of the court of quar- 
ter sessions, and what to the prothonotary of the court of common 
pleas ? 

Tell where justices of the peace, aldermen, and magistrates hold 
office ; and compare them. Give the ordinary steps in a civil suit 
before a justice of the peace by A to collect $65 from B, balance due 
on a written contract to build a fence. Give the usual steps in criminal 
proceedings before a justice of the peace to punish X for stealing a 
garden hose worth less than $10 from-Y, the theft of property to that 
value being punishable in the local court. Give the steps, if X had 
broken into Y's house in the night time and stolen $100, that being a 
felony. 

How many school directors are there in the school district in which 
you reside? Name their duties. How many public schools are there? 
In what branches would one have to be examined to teach the lowest 
school in the district? Who would give the examination? 



CHAPTER IV 



THE COUNTY AND THE COUNTY COURTS 



Origin of 
counties. 



Early gov- 
ernment by 
court. 



48. The first counties. — Soon after Penn arrived in 
Pennsylvania, in 1682, the Assembly divided nearly ail 
the province into the counties of Chester, Bucks, and 
Philadelphia. Chester County embraced the southern 
half of the province, west almost as far as where Pitts- 
burg now stands ; Bucks, the northern half, west to the 
Allegheny River; and Philadelphia embraced what is 
now Montgomery County and part of Berks, in addition to 
its present territory. The western end of the State was 
added to Westmoreland County in 1785. The province 
contained only the three original counties for nearly half 
a century. During the next fifty years ten more were 
added, and in the fifty years following the Revolution the 
interior and western portion of the State was settled 
rapidly, and forty additional counties were erected. Since 
1836 fourteen more have been organized. A new county 
can be organized only from a county having a population of 
not less than 150,000, with the consent of the voters of the 
part proposed for the new county. A county is a corporate 
body. 

49. Their organization. — From the first the county has 
been the district over which the local court has jurisdic- 
tion ; in which taxes are levied ; and in which representa- 
tives of the people in the government are elected. The 
primitive counties did not have the complete sets of officers 
that counties now have. All the authority of the county 

40 



THE COUNTY AND THE COUNTY COURTS 4 1 

was for a time centered in the court of quarter sessions of 
the peace. This court not only tried all the smaller cases 
in the county, both civil and criminal, but it had wide pow- 
ers in carrying on the local government. The justices of 
the peace held the court. These county justices (§ 16) 
superintended the laying out of roads, took acknowledg- 
ments of deeds, levied the county tax, contracted for the 
erection of public buildings, directed the expenditure of 
public money, and had numerous other duties that are now 
obsolete. 

50. The present county. — These administrative powers Present 
soon passed to officers chosen in the counties and in the organization 
townships to perform these duties. The county commis- county- 
sioners were given most of these powers. The court of 

quarter sessions of the peace now retains supervisory power 
in only a few things, — in opening roads, fixing the bounda- 
ries of local districts when changes are made, passing on 
the report of bridge viewers, and recommending the pur- 
chase of land by the county, or the erection or improve- 
ment of buildings after the same has been recommended 
by the grand jury. In practically every division of the 
local government, the county conducts one part of the 
government and the township, or other local district, the 
other. The part taken by the county makes the local gov- 
ernment more uniform, and gives it the advantages of cen- 
tralization without removingits control far from the localities 
affected. 

51. Courts in the county. — In each county there are four The four 
courts : two for the trial of criminal cases, one for the trial count y 

courts. 

of civil cases, and one for the settlement of the estates 
of orphans and of deceased persons. The two criminal 
courts are the time-honored court of quarter sessions 
of the peace and the court of oyer and terminer and gen- 



42 



THE GOVERNMENT OF PENNSYLVANIA 



Court of 

quarter 

sessions. 



eral jail delivery. The court of oyer and terminer, as it is 
commonly called, has power to try persons charged with 
the more serious criminal offenses. It may try all the 
criminal offenses committed in the county, but in practice, 
it tries only those cases beyond the jurisdiction of the court 
of quarter sessions. The court that tries the civil cases is 
the court of common pleas ; and the court having jurisdic- 
tion of estates is the orphans' court. 

52. Court of quarter sessions. — The court of quarter ses- 
sions 1 is an old-time English county court, held by the 
justices of the peace. It was so held in Pennsylvania until 
1838, at which time judges learned in the law were re- 
quired to hold the county courts. It never had jurisdiction 
beyond the smaller misdemeanors which do not amount 
to felonies. Its present jurisdiction, as defined by law, 
extends to the inquiry, trial, and punishment of all crimes, 
misdemeanors, and offenses against the law that have 
been committed within the county, except the serious 
offenses which may be tried only in the court of 
oyer and terminer. Nearly all the trials are before a 
jury upon an indictment 2 accepted by the grand jury; 
but some small matters are tried by the judge alone, 
just as cases are tried by a justice of the peace. The 
sessions of the court are held in most counties four times in 
a year, but in some counties, owing to the amount of busi- 
ness, more than four sessions are held annually. In 
Philadelphia county, sessions of the court are held every 
month. 

1 The court of quarter sessions takes its name from the fact that the court 
originally met once in each quarter of the year. 

2 An indictment is a written accusation of the crime. It is drawn up by 
the district attorney and is termed a bill of indictment until sanctioned by the 
grand jury. 



THE COUNTY AND THE COUNTY COURTS 43 

53. Court of oyer and terminer. — Prior to 1790 felonies Court of 
were tried by the supreme court judges, who went circuit ° yer and 
spring and fall into the counties for that purpose. In that 

year a court of oyer and terminer and general jail delivery 
was established in each county. It was to be held by the 
judge learned in the law who held the county courts. If, 
however, a judge of the supreme court was holding court 
in the county, this higher judge should hold the court of 
oyer and terminer. This is still the law. The offenses 
tried exclusively by the court of oyer and terminer are 
murder, arson, robbery, burglary, and the like. There are 
three somewhat distinct parts in a criminal case, — the 
inquiry, the trial, and the punishment. When the law says 
that a court shall have power to inquire of, hear, and de- 
termine certain offenses, it means that the court has au- 
thority to conduct these different parts in the trial of the 
criminal case. The words oyer and terminer mean " to 
hear M and " to determine." The inquiry is intrusted to the 
grand jury ; the trial is conducted before a trial jury ; and 
the punishment is the execution of the sentence pronounced 
by the judge. After the inquiry by the grand jury, the 
cases go to the court having power to try them. 

54. The grand jury. — All the cases in which persons Grand jury. 
are charged with offenses of any gravity must be investi- 
gated by the grand jury before the defendants can be put 

on trial, and must be found to be supported by such testi- 
mony as would convict, if not contradicted or explained 
away. Certain small offenses are given a summary trial; 
that is, the cases are heard and sentence is passed by the 
judge without the delay of an indictment and jury trial. 
The men who sit as grand jury are drawn by lot (§71). 
Twenty-four are summoned to attend the court. If they all 



44 



THE GOVERNMENT OF PENNSYLVANIA 



Method of 
procedure. 



Reports of 
the Grand 
Jury. 



attend, one is excused from serving so that twelve will be 
a majority of the body; twelve is the number that must 
concur to find a true bill of indictment. 

When they assemble in court, they are sworn, one 
member is appointed foreman, and they are instructed 
by the judge in their duties. Then they go to the 
grand-jury room, attended by a constable, who remains 
outside the room and protects their sessions, which are 
secret, from any intrusion. The district attorney or his 
assistant presents the bills of indictment. On the back 
of each bill are the names of the witnesses to be 
heard by the grand jury. These witnesses are called 
separately, sworn, and examined by the foreman. After 
all have been examined — unless the grand jury is satis- 
fied that the bill is " true " x without calling them all — the 
district attorney retires, and the grand jury votes on 
the question whether the bill of indictment is a true bill 
or not. Unless twelve jurors vote in favor of finding a 
true bill, the prisoner goes free. The grand jury may 
impose the costs on the prosecutor or on the county in 
certain minor cases when they find not a true bill. In all 
other cases the county must pay the costs. 

After passing on a number of bills, the grand jury goes 
into court and reports its findings. Returning to the 
room, they continue the grand inquest, as their sitting 
is called, until they have passed on the bills presented to 
them. They must then examine the county buildings. 
Finally they make a written report to the court, saying 
that they have performed the duties to which the court 
called their attention, and making such recommendations 
concerning the county buildings and the preservation of 
peace as they think proper. 

1 Each case is reported either "A true bill" or "Not a true bill." 



common 
pleas. 



THE COUNTY AND THE COUNTY COURTS 45 

55. Court of common pleas. — The name of the court of Court of 
common pleas is taken from the English civil court. It is 
called the court of common pleas to distinguish it from the 
criminal court. In the criminal court are tried the pleas 

of the people as a whole — the commonwealth ; but in the 
civil court the pleas may be between any of the people, 
that is, common. This court has power to try all the civil 
cases brought within the county, no matter what kind of 
property is involved. The action is always brought to en- 
force the rights or redress the wrongs of an individual, and 
does not include any criminal proceeding. Some powers 
which are not of the ordinary judicial nature are exercised 
by the court. It appoints election officers to fill vacancies, 
and inspectors to examine schoolhouses to see if they ac- 
commodate the pupils as required by law. It also appoints 
viewers to assess damages in cases where private property is 
taken by the State by right of eminent domain, 1 or by some 
corporation to whom the State has given the right. More 
than one court of common pleas is established in a county, 
if the business requires it. 

56. The law. — The law governing cases in the courts of State and 
Pennsylvania consists of the federal law (the Constitution, federal law * 
statutes, and treaties of the United States) and the State 

law (the Constitution, statutes, and common law adopted 
by the State). By common law is meant the will of the 
people as it is gathered from long-established custom and 
expression of legislative power. It derives its force and 
authority from the universal consent and immemorial prac- 
tice of the people. The law of the federal government, 

1 The right of eminent domain is the supreme authority which the State has 
over all property within its limits. By this right the State may take private 
property upon paying for it, whenever the public good demands it. 



46 THE GOVERNMENT OF PENNSYLVANIA 

owing to its national character, applies to but few cases 
tried in the courts of the State; but when it does apply, 
the courts observe it as a part of the law. 
The law in In criminal trials the law presumes the defendant to be 

criminal innocent. He must be counted innocent until the common- 
wealth produces sufficient evidence to prove his guilt. 
Before a verdict of guilty can be brought against him, the 
entire jury must agree, and moreover each juror, before 
agreeing to such a verdict, must be satisfied from the 
evidence, beyond a reasonable doubt, that the defendant is 
guilty. If there is a doubt that arises fairly out of the 
evidence, the defendant must be given the benefit of the 
doubt, and acquitted, so careful is the law not to punish an 
innocent person. Until recently a person charged with a 
crime could not be a witness in his own behalf ; his interest 
in the outcome of the trial was thought to disqualify him. 
Now, at his own request, but not otherwise, he may testify, 
and the jury gives his testimony the credence they think 
it deserves. If a defendant is too poor to hire a lawyer, 
the judge appoints some member of the bar to defend 
him. This is done without pay. 

Trial jury. 57. The trial jury. — The jury in both civil and criminal 

courts is spoken of as the trial jury. It is sometimes called 
the travers jury to indicate that it is the jury which tries a 
matter that has been traversed, that is, alleged by one 
side of the case and denied by the other. It is frequently 
called also the petit 1 jury, which means little jury, to dis- 
tinguish it from the large or grand jury. The whole num- 
ber summoned as jurors is usually not less than thirty-six 
nor more than sixty, but the judge directs the number to be 
summoned in each court. When a case is ready for trial, 

1 Pronounced " petty." 



THE COUNTY AND THE COUNTY COURTS 47 

the clerk of the court takes from a box one after another 
slips of paper bearing each the name of a juror attending 
the court, and calls these jurors into " the box " — as the in- 
closure containing their seats is called. The lawyers foreach 
side of the case may challenge {i.e. reject) any juror as per- 
mitted by law until a satisfactory jury is obtained. When 
the necessary twelve jurors have been called and accepted, 
they are sworn to try the case well and truly and give a 
verdict according to the evidence, and the trial begins. 

Each side in its turn outlines briefly to the jury what it Method of 
proposes to prove, and proceeds with its evidence. When procedure, 
the evidence is all in, and questions as to the law are de- 
cided by the court, the attorneys make their pleas to the jury. 
The judge then charges the jury — that is, explains to them 
the law of the case and goes over the evidence sufficiently 
to help them get at the matter they must decide. The jury 
then retires to a jury room, attended by a constable, who 
permits no one to speak to them or in any way interfere 
with their deliberation. When they have agreed upon a 
verdict, they return to the court room, their names are 
called over to see that all are present, and the verdict is 
taken. The clerk records it and then reads it aloud, and 
the jury is discharged from the case. 

Sometimes the jury fails to agree. Then they are dis- 
charged and the case is tried again with a new jury, except 
in capital 1 offenses. A person charged with a capital 
offense can be tried only once. He is in jeopardy when a 
jury has been impaneled and sworn to try him for such an 
offense ; and the Constitution does not permit the putting 
of any one in jeopardy of life twice for the same offense. 
The judge does not discharge the jury in such a case, with- 
out the consent of the accused, until they have agreed, 

1 A capital crime is one for which death is the penalty. 



4 8 



THE GOVERNMENT OF PENNSYLVANIA 



Orphans' 
court. 



District 
judges. 



except in case of great necessity, as the serious illness 
of a juror. 

58. Orphans' court. — The authority of the orphans' 
court embraces the care of the persons and property of 
orphans ; the administration of estates of deceased persons; 
and the guardianship of minors. It has full control of 
matters connected with such estates, and power to settle 
the accounts of persons acting as guardians, administrators, 
or executors. 

A guardian is a person intrusted by law with the interests 
of one who does not have legal capacity to act for himself, 
such as a child under age whose father is dead, or whose 
father, from drunkenness or other cause, does not care 
for his child ; and such as a person of age who is so weak 
of mind that he is unable to care for his property. 

An administrator is a person appointed by the register 
of wills to collect the debts due the estate of a deceased 
person, to pay the debts owing by the estate, and to dis- 
tribute what is left among those entitled to it, under the 
direction of the orphans' court. 

An executor is a person whom the maker of a will names 
in his will to see that its provisions are carried into effect 
after his death. His duties are the same as those of an 
administrator, except that after the debts are paid the 
property goes to the persons named in the will. 

59. Judges of county courts. — If a county has a popu- 
lation of 40,000, it is made a separate judicial district; 
smaller counties are joined together in districts. The 
State is thus divided into judicial districts, to the number 
of fifty-six at present. In each district is elected a district 
judge learned in the law — more than one may be elected 
if the business requires. This judge is judge of the 



THE COUNTY AND THE COUNTY COURTS 49 

court of common pleas, with power also to hold the other 
courts in the county. Large districts have separate judges 
for the orphans' courts. The office of judge became elec- 
tive in 1 85 1. In districts consisting of more than one 
county, each county elects two associate judges, not re- Associate 
quired to be learned in the law. They act with the law judges, 
judge of the district when he holds court in their county. 
In his absence in another county, they act alone in 
matters that will not admit of delay and which are not at 
variance with his orders. These local judges are a remnant 
of the system when three or more justices of the peace 
held the county courts (§ 52), and will continue only until 
each county becomes a separate judicial district. 

It is the duty of judges to administer justice according Term and 
to law. District judges hold office ten years, and may be P a y of 
reelected. The associate judges hold office five years. JU 
District judges in districts having a population of less than 
90,000 receive an annual salary of $6000, and higher 
salaries in more populous districts; the highest is $11,000. 
They are paid monthly by the State treasurer. Associate 
judges receive a small salary. 

60. Attorneys-at-law. — One of the laws agreed upon Attorneys in 
in England before William Penn came to America (§7) the court, 
gave the people the right to appear in court and plead their 
own cases, or to have their friends plead for them. Any 
person may still appear in court and plead his own case ; 
but in the county courts, and in the higher courts, no one 
but a person admitted to practice law before the court 
may appear for another and plead his case. In the local 
courts, any person whose service a litigant engages may 
appear for him. The admission of attorneys is a matter in 
control of the judges of the respective courts ; they make 



50 THE GOVERNMENT OF PENNSYLVANIA 

rules governing the matter. Persons of either sex may be 
admitted, but women very seldom enter the legal pro- 
fession. 

County seat. 61. The county seat — The place in each county where 
the courts meet is the county seat of justice, commonly 
called the county seat. Here the county commissioners 
erect a court-house and a county jail. The court-house 
must be a convenient place to hold the courts, and have 
suitable office rooms for the county officials. The papers 
and documents of each office are either copied into books 
or filed in such order as to be easily found, and persons in- 
terested in them may examine them. In the different of- 
fices are kept the records of the courts ; records of taxation 
and expenditure of public money by the county ; books in 
which are recorded sales of land, agreements concerning 
land and liens against land ; and numerous other records of 
a public nature. 

62. Summary. — Counties were organized as rapidly as the local gov- 
ernment required. For a time all important local affairs were under the 
supervisory control of the court of quarter sessions of the county. This 
court was held by the justices of the peace, who met once in each quarter 
of the year, and tried both the civil and the criminal suits, except the 
felonies. Felonies were tried by judges of the supreme court who came 
into the counties for that purpose, until 1790. In that year the judges 
learned in the law who held the county courts w r ere given authority to hold 
the court of oyer and terminer which tried the felonies. In some counties 
justices of the peace sat as judges of the county courts until 1838 ; after 
that date all the district judges were required to be learned in the law. 
In 1 85 1 the office of judge became elective. The court of quarter ses- 
sions still sits four times a year in the counties, but it may be held 
oftener if the amount of business requires it. The court of oyer and 
terminer continues to try the felonies. The civil cases are tried in the 
court of common pleas, and the orphans' court cares for the estates of 
orphans and of deceased persons. All the courts are held at the county 
seat. 



THE COUNTY AND THE COUNTY COURTS 51 



QUESTIONS 

How many counties has the State ? How rapidly were they organized ? 
Can more be organized? Is it right for A to sue B before a justice of 
the peace in the farther end of the county? What makes the count}/ 
taxes in each county uniform? 

What was the court of quarter sessions in the primitive counties more 
than a place where justice was administered? Explain. Who performs 
these administrative duties now ? Name all the non-judicial duties that 
the court still performs. 

Name all the county courts. How did the county come to have two 
criminal courts? Who first held the court of quarter sessions? The 
court of oyer and terminer? Who holds them now? 

Explain the three parts of a criminal trial. Give the duties of the 
grand jury. What are some of the reasons for keeping the inquest of 
the grand jury secret? Tell all you can about the trial jury. Why are 
trials always public? What becomes of a case if the jury is unable to 
agree on a verdict? May a jury be discharged because it cannot agree 
in a murder case? Why is it right to start in a criminal case with the 
presumption that the defendant is innocent? Can a person be tried in 
a State court under federal law for robbing the mails ? 

What is the business of the orphans' court? Define guardian, ad- 
ministrator, and executor. 

Why are judges who hold the county courts called district judges ? 
May a person plead his own case in court? Would you advise him to? 
What is the county seat? 



CHAPTER V 



COUNTY OFFICERS 



Election of 

county 

officers. 



Filling va- 
cancies. 



63. The election of county officers. — The officers of the 
county are elected by the voters of the county (§ 25) for a 
term of four years. A voter who has resided one year in 
the county is eligible to any county office, except that a 
district attorney must be a lawyer of two years' practice ; 
a county surveyor, a person qualified in surveying; and a 
county superintendent of schools, a person of special attain- 
ments in teaching. Neither a sheriff nor a treasurer can 
succeed himself in office ; and a treasurer cannot hold the 
office of county auditor within two years from the expiration 
of his term of office as treasurer — if he could, he would be 
auditing his own accounts. In the election of county com- 
missioners and of county auditors only two of the three 
elected are voted for by each voter, and of the two jury 
commissioners only one is voted for by each voter. This 
gives an opportunity for the party in minority to elect one 
member of each of these boards. 

64. Vacancies in office. — The same requirements as to 
eligibility are observed in filling a vacancy in a county office 
as govern in the election to the office ; and the same rules 
are followed as to succession in office, and also in securing 
minority representation. 

Vacancies are filled as follows : 

Judge, county controller, treasurer, clerk of courts, pro- 
thonotary, sheriff, coroner, register of wills, and recorder 
of deeds : By appointment of the governor, with the advice 

5 2 



COUNTY OFFICERS 53 

and consent of the Senate, if the Senate is in session, un- 
til the next election. If the vacancy happens within Filling 
three months immediately preceding a general election, the vacanci< 
governor's appointment holds until the second succeeding 
general election. 

County commissioner, jury commissioner, and county 
auditor : By appointment of the court of common pleas 
of a voter of the same political party for the remainder 
of the term. 

Surveyor : By appointment of the court of quarter ses- 
sions until the next general election. 

District attorney : By appointment of the court of com- 
mon pleas until the next general election, if the vacancy 
occurs thirty days or more before the general election ; but 
if not, until the second succeeding general election. 

Director of the poor : By appointment of the board of 
directors of the poor, or the court, as determined by law, 
until the next general election. 

Superintendent of schools : By appointment of the State 
superintendent of public instruction until the next quad- 
rennial convention of the school directors. 

Officers of the County Courts 

65. Sheriff. — The sheriff is the chief conservator of Sheriff, 
the peace within the county. It is his duty to arrest on 
view persons breaking, or attempting to break, the peace ; 
also to pursue and arrest criminals, when authorized to do 
so by a warrant issued by the court. He may call on 
the people of the county to assist him in the performance 
of these duties (§ 42), if necessary. He serves and exe- 
cutes within the county the processes, 1 writs, and orders 

1 A process is a command by which a person or a matter requiring action is 
brought before a court. A writ is a command that the person addressed 



54 



THE GOVERNMENT OF PENNSYLVANIA 



Duties of 
the sheriff. 



of the courts above the justice's court. He is custodian 
of the county jail, having charge of the prisoners in jaii 
awaiting trial. It is his duty to execute the sentences of 
the courts by keeping prisoners in jail, conveying them to 
prison, or executing them, if the death penalty has been 
pronounced upon them and a death warrant issued by the 
governor. His authority is usually confined to the county, 
but in some instances he may go into other parts of the 
State. He has a chief deputy, who may act in his place 
upon order of the court of common pleas, if the sheriff 
is ill or otherwise temporarily unable to act. The sheriff 
also gives notice of the general election by proclama- 
tion. He assists the jury commissioners in drawing the 
panels of jurors from the jury wheel (§ 70), and after- 
ward keeps the key to the jury wheel, while the com- 
missioners keep the jury wheel ; neither they nor the sheriff, 
in the absence of the other, may have both the key and the 
jury wheel at the same time. 



Clerk of 
courts. 



66. Clerk of court of quarter sessions. — The clerk of 
the court of quarter sessions is also clerk of the court of 
oyer and terminer ; he is called briefly the clerk of courts. 
He keeps his office open in vacation as well as during 
term time of the courts. His chief duties are to enter 
upon the records of his office the official acts of the courts, 
and the papers connected with such matters ; administer 
oaths and affirmations in conducting the business of the 
courts ; and affix the seal of the court to all papers and 
copies of the records issued from the office. When the 
court is in session, the clerk is present in court and keeps 

should do, or refrain from doing, some specified act. The sheriff serves any 
of the various forms of command when he delivers it to the person to whom 
it is addressed. 



COUNTY OFFICERS 55 

a record of the proceedings. He calls the jurors for the 
trials, administers the oath or affirmation to the jurymen 
after the jury is selected, and to witnesses whose testimony 
is about to be taken. If the judge is absent from the 
county seat, or unable to attend to the duties of his office, 
the clerk may take bail and recognizances x in all cases, 
except treason, felonious homicide, and voluntary man- 
slaughter — these crimes are bailable only by a judge. 
The applications, bonds, and other papers in connection 
with liquor licenses are filed in his office. He keeps a 
record of the returns made to his office after township and 
borough elections (§ 38), and issues to persons elected cer- 
tificates of their election. 

67. Prothonotary of the court of common pleas. — The Prothono 
name prothonotary is the former English name of the tary * 
chief clerk of the court of common pleas. The word 
means chief clerk. The prothonotary issues the sum- 
monses and other papers in suits brought in the court 
of common pleas ; and records the official acts of the 
court, the papers filed, and the legal steps taken by 
the parties to suits. At the request of the plaintiff he 
makes record of judgments authorized by the defendants 
to be confessed against them either by the prothonotary 
or by an attorney of record, provided the plaintiff files with 
him the judgment note or bond. When judgments are 
paid and properly receipted, he makes record of that 
fact. He takes bail in civil cases, administers oaths or 
affirmations in conducting the business of the office, and 
issues certified copies of the record. When the court is 

1 A recognizance is an obligation to do some particular act (as, to pay a 
debt, keep the peace, appear in court) recorded in some court or before a 
magistrate. 



56 THE GOVERNMENT OF PENNSYLVANIA 

in session, he is present in court and keeps a record of 
the proceedings, calls the jurors, and administers the oath 
or affirmation to them and to the witnesses. 
Election The returns of the election, required to be filed in his 

returns. office the next day after the elections of county, State, and 

national officers (§ 38), are presented by the prothonotary 
the following day to the judge of the court of common 
pleas. The judge opens the returns publicly, and the votes 
are counted and tabulated by such officers of the court 
and assistants as the judge appoints. A record of the vote 
is kept in the prothonotary's office, and certificates of elec- 
tion are issued by him to the persons shown to be elected. 
The prothonotary sends a certified statement of the vote to 
the secretary of the commonwealth, who lays before the gov- 
ernor the returns of the election of State officers, and sends 
the returns of the election of federal officers to the proper 
federal authorities. 

Copies of new laws enacted are immediately sent to all 
the judges, and to the prothonotaries ; and they are kept 
on file in the prothonotary's office for the information of 
the people. 

Clerk of 68. Clerk of the orphans 7 court. — In counties where 

orp ans' ^ Q b us j ness f th e orphans' court is not extensive, one 

rnnrr L 

person is elected clerk of the criminal courts and also 
clerk of the orphans' court. But in counties having sepa- 
rate orphans' courts, and in counties recently made sepa- 
rate judicial districts, the register of wills is clerk of the 
orphans' court. He has custody of the records and seal 
of the orphans' court, and enters upon the records the offi- 
cial acts of the court. He preserves the numerous papers 
in connection with the estates of orphans and of deceased 
persons. He also issues marriage licenses, after determin- 



court. 



COUNTY OFFICERS 57 

ing that the applicants can legally marry, and reports the 
marriages to the department of health of the State. 

69. District attorney. — In conducting a trial for a District 
criminal offense, the commonwealth (§41) must of neces- attorney 
sity appear in court by a representative. This representa- 
tive is the district attorney. He is a county officer — 

an attorney for the commonwealth in criminal matters 
that come before the courts of the county. To be eligible 
to the office one must have lived in the county one year, 
and have been admitted to practice law in the courts of 
some county within the commonwealth two years. The 
district attorney prepares and presents to the grand 
jury bills of indictment in the cases where persons 
have been held for trial in court (§41). He conducts in 
court the criminal or other prosecutions arising in the 
county to which the commonwealth is a party. 

70. Coroner. — The coroner contributes to the safety of Coroner, 
the people by investigating the cause of death of any per- 
son dying in a violent or sudden manner, or by means 
unknown. Upon notice of such death, he makes inquiry 

into the cause, and if there is no reason to believe it a 
felonious {i.e. criminal) destruction of life, no further in- 
vestigation is made. But if the death may have occurred 
from any violence done by one person to another, an in- 
quest is held — that is, the coroner summons a jury of Coroner's 
six persons, over which he presides, to view the body and J U1 T- 
investigate the cause of death. Witnesses are examined 
on oath and the facts inquired into, and the jury gives its 
opinion in writing of the cause and manner of the death. 
If the coroner's jury finds the death to have been caused 
by the felonious act of another, and the person guilty of 
the act is taken into custody, the coroner may commit him 



58 



THE GOVERNMENT OF PENNSYLVANIA 



Coroner as 
sheriff. 



Jury com- 
missioners. 



Selection of 
jurors. 



to jail without bail to await trial in the proper court. A 
full report of the inquest is made to the district attorney, 
who frames the bill of indictment upon the information 
contained in the report. 1 

If the sheriff is legally removed from office, or dies 
while in office, the coroner executes the office of sheriff 
until another sheriff is commissioned. If a writ or process 
is directed to be served on the sheriff, it is the duty of the 
coroner to serve it. 

71. Jury commissioners. — The two jury commissioners 
and the county judges constitute a board to select the men 
who may serve as jurors. For this purpose, they meet at 
the court-house once a year, at least thirty days before 
the first term of the court of common pleas in the year. 
They must select qualified voters of the county to serve 
during the year as jurors, and fill the jury wheel with their 
names. Sober, judicious, and intelligent men must be chosen 
from the whole county. The judge previously designates 
the number. In selecting names, the board may be guided 
by information from others ; but if the lists are made up by 
political or personal favor, the names may be set wholly 
aside for the reason that the jury wheel was not properly 
filled. The law aims to exclude partisanship in the selec- 
tion of jurors. For this reason the jury commissioners are 
elected from different political parties (§63). The names 
of the persons selected, their occupations, and places of 
residence are written on slips of paper, which are rolled 
up or folded and put into the jury wheel. The jury wheel 
is then locked and sealed by the sheriff and given into the 
care of the jury commissioners, while the sheriff keeps the 

1 In case a death occurs, or a body is found farther than ten miles from the 
coroner's office, or the coroner for any reason is unable to act, a justice of the 
peace may hold the inquest. 



COUNTY OFFICERS 59 

key. A list of the jurors selected is filed in the prothono- 
tary's office for public inspection. 

At least thirty days before the sitting of each court the 
prothonotary (if the court of common pleas is about to sit) 
or the clerk of courts (if a criminal court is to be held) 
orders the sheriff and the jury commissioners to draw from 
the jury wheel the names of a certain number of persons 
to be jurors in the next court. He also bids the sheriff 
summon these persons to attend the court. Before the 
names are drawn, the slips are well mixed by turning the 
jury wheel, and the names must be taken as they are drawn 
until the panel is complete. 

Officers in Charge of Fiscal Affairs 

72. County commissioners. — There are three county County com- 
commissioners in each county. Their chief duty is to mlssl oners. 
cause the taxes to be assessed and levied properly, and the 
county debts to be paid. The assessment made under their 
supervision (§ 34) is the basis on which is laid not only 
the county tax, but all the taxes levied by the local divi- Levying 
sions. In arriving at the tax to be levied for county pur- taxes * 
poses, the county commissioners estimate the expenses of 
the county for the year, and fix the rate of levy accord- 
ingly. They issue warrants of authority to the collectors 
for the collection of the taxes levied by them, — property 
tax, occupation tax, and dog tax; and also for the collec- 
tion of the State tax on mortgages, judgments, and other 
securities, and on carriages kept for hire (§ 34). 

The county commissioners also have charge of the Care of 
county property, — the court-house, county jail, almshouse, count y P ro P* 
and other county buildings, and the land on which they 
stand, and the large bridges. They buy whatever is pur- 
chased for the county, paying for it out of the county 



60 THE GOVERNMENT OF PENNSYLVANIA 

funds. In buying land, and erecting or repairing county 
buildings, they must have the consent of two successive 
grand juries and the judge. They furnish the county 
offices with furniture, books, stationery, fuel, and light, 
at the expense of the county; and employ janitors and 
other workmen to care for the county buildings and 
grounds. They examine all matters in which the county 
pays out money, borrow money by issuing bonds when 
necessary, under the close regulation of the law, and con- 
duct all business in which the county is a party. They 
might well be called the business managers of the 
county. 
Election ar- They provide the ballots for the elections, and supply 
rangements. ^ Q election officers with ballot-boxes, lists of voters, forms, 
blanks, and return-sheets. The returns of the primaries 
(§ 25) are made to the county commissioners, who issue 
certificates of nomination to the local candidates. They 
report the vote for State and national candidates to 
the secretary of the commonwealth, who issues certifi- 
cates of nomination to the candidates for these offices. 
Some other duties of a minor character are performed by 
them for the protection of voters and in the interest of 
fair and orderly elections. 

Clerk to 73. Clerk to the county commissioners. — The county 

county com- commissioners have a clerk, and the office is kept open the 

missioners. L x . 

year round. The clerk is appointed by the commissioners 
in some counties, and is elected in others. The duties of 
the clerk are to keep the books and accounts of the com- 
missioners, record their proceedings, file the papers of the 
office, and attest the warrants and orders issued by them. 

County 74. County treasurer. — The county treasurer takes care 

treasurer. f a u t j ie CO unty funds and the money belonging to the 



COUNTY OFFICERS 6 1 

State that is received by him. His accounts show where 
the money comes from, and on what authority it is paid 
out. The money collected for the State is paid by him to 
the State treasurer. He furnishes the county commis- 
sioners quarterly, or oftener if required, with statements 
of all public money received and paid out. He is required 
to give heavy bonds, binding him to an honest handling of 
the money. Absolute accuracy and a record of all trans- 
actions are required of a treasurer. If he fails to perform 
his duties properly, the county commissioners may enter 
complaint against him before the court of quarter sessions. 
If the complaint is found to be true, he will be removed 
from office, and the men who signed his bond will be held 
for any loss sustained by the county or the State. 

75. Directors of the poor. — ■ In counties having alms- Directors of 
houses for the care of the poor .there are three directors of l e poor ' 
the poor. Their term is four years. The entire county 
is the poor district (§ 21). The directors of the poor man- 
age the almshouse and the farm that is usually connected 
with it, and furnish relief to the paupers of the county. 
They admit to the almshouse, or temporarily relieve, those 
whom they find to be paupers and a burden on the com- 
munity. Poor persons may be put in the care of the 
county by the investigation and order of two justices of 
the peace — in some counties, by the order of only one. 
Children between the ages of two and sixteen years are 
not sent to the almshouse ; provision is made for their care 
and education in some home. 

The directors of the poor estimate annually the amount 
of money needed for the care of the poor, and the county 
commissioners include the amount in their estimate of 
the county expenses for the year. In some counties 



62 



THE GOVERNMENT OF PENNSYLVANIA 



County 
auditors. 



Controller. 



Surveyor. 



the county commissioners are ex officio 1 directors of the 
poor. 

76. County auditors. — There are three auditors in each 
county. They meet on the first Monday in January each 
year, and continue their meetings until they have audited, 
settled, and adjusted the accounts of the county commis- 
sioners, treasurer, directors of the poor, and steward of the 
almshouse. After examining the accounts they make 
a full report of their condition, which is presented to 
the court of common pleas and placed on file in the pro- 
thonotary's office, besides being published. 

In counties having a population of 150,000 or over, a 
controller is elected instead of auditors. He has supervi- 
sion over the fiscal affairs of the county, keeping accounts 
of the different funds, and directing how the books in the 
county offices shall be kept. He furnishes the county 
commissioners with detailed accounts of the different 
county offices, examines and verifies all bills against the 
county, and presents the annual report of the receipts and 
expenditures of the county to the court of common pleas, 
the same as auditors do. 

77. County surveyor. — The duties of the county sur- 
veyor are limited to such surveying as remains to be done 
in connection with public land, and as may be directed by 
the courts of the county. He is usually selected to do 
surveying for private persons, because of the reputation 
his public position gives him and his access to public 
records. Formerly the State had public land to sell and 
he surveyed it : the office was then more important. Sev- 

1 Ex-officio means " by virtue of the office." That is, in this case, any one 
who holds the office of county commissioner is by reason of that office a 
director of the poor also. 



COUNTY OFFICERS 63 

eral counties do not elect a surveyor, and in some counties 
the office is combined with that of county engineer. 

Officers who record Written Instruments 

78. Register of wills. — If a person has property, at his Register of 
death it passes by law to his heirs, unless he has disposed Wllls - 
of it otherwise in legal form. He may set forth in a will 
how his property shall be disposed of. Wills are preserved 
by being recorded in the office of the register of wills. 
When a will is presented to the register, the death of the Probating 
testator (the person who made the will) must be proved; awl11, 
for a will does not go into effect until after the death of 
the testator. The will must also be proved to be the act 
of the testator. Two witnesses are required ; they usually 
sign the will as witnesses at the time the document is 
drawn up. Proving a will is called probating it. If con- 
troversy arises over the probate of a will (that is, if the 
will is contested), the register of wills hears evidence and 
decides the matter. An appeal from his decision may be 
taken to the orphans' court. After a will is probated, it is 
recorded in a book in the register's office. If the testator 
designated the manner of disposing of his estate and the 
person by whom it should be done, that person is his execu- Executor. 
tor. He receives from the register papers or "letters," 
stating his authority as executor, with a copy of the will 
annexed for his instruction in administering the estate. 

If the decedent made no will, and his estate is in such a Administra 
condition as to require an administrator, — that is, if the tor# 
estate is insolvent, or if debts owing to the estate must 
be collected by legal steps, — the law determines to whom 
letters of administration may be granted. The register of 
wills grants this authority to the administrator. 

Property may be willed by a person of age, or it may 



6 4 



THE GOVERNMENT OF PENNSYLVANIA 



Collateral 

inheritance 

tax. 



pass by descent, freely to any of his ancestors (parents or 
grandparents) and to his descendants (children or grand- 
children, including the widow of a son). But if it is 
willed or descends to others than these, the State taxes the 
estate five per cent, unless its value is very small. The 
register of wills collects this tax and sends it to the State 
treasurer, as he does any other money received by him for 
the use of the commonwealth. 



Recorder 
of deeds. 



Acknowl- 
edgment 
required. 



79. Recorder of deeds. — A deed is a writing under seal 
which a person who sells land gives to the purchaser. 
The owner of land in Pennsylvania must record his deed 
within ninety days after the deed is made in order to be 
fully protected in his ownership or title. The object of 
recording a deed is threefold. It dispenses with the per- 
sonal delivery of possession of the land to the purchaser, 
which used to be done by going upon the land and giving 
him a twig, a tuft of grass, or a clod of earth, as the 
people gave Penn possession of the province (§ 4). It 
makes the record and a certified copy of the record evi- 
dence of ownership, without further proof. And it protects 
owners of land against the possible loss of the deed itself, 
and protects purchasers and others against fraud by 
enabling them to ascertain from the records the facts as to 
the ownership of the land. 

In the office of the recorder of deeds there are deed 
books, mortgage books, and other books in which are 
recorded deeds, mortgages, contracts concerning land, 
charters, commissions, and the like. None of these in- 
struments can be recorded, however, without full proof of 
its authority, so that it may be taken as authentic when 
found on record. Documents executed by private persons 
must be acknowledged before they can be recorded ; that 



tendent of 
schools. 



COUNTY OFFICERS 65 

is, the person executing the instrument must go before a 
notary public, justice of the peace, or other qualified officer, 
and formally acknowledge the paper as his "act and deed" 
made for the purposes therein set forth. A fee for 
recording the instruments is paid the recorder by the 
persons presenting them, and after they are recorded the 
papers are returned to the owner. 

The County Superintendent of Schools 

80. Superintendent of schools. — The public schools of 
each county are under the supervision of a person of skill 
and experience in teaching, called county superintendent. 
In counties having a large number of teachers he appoints 
assistant superintendents. He is elected every four years 
by the school directors of the county. The election is held 
the second Tuesday in April. The city school districts 
have superintendents of schools ; and a township or a bor- 
ough district with a population of more than 5000 inhabit- 
ants may have a superintendent, if the directors of the 
school district choose to elect one. These districts that 
have their own superintendent do not share in the election 
of the county superintendent. A woman may hold the 
office of superintendent of schools. 

The superintendent of schools has authority to direct the Powers, 
teaching in the schools under his control. He examines 
publicly persons who wish to teach in the public schools, 
and gives them certificates setting forth their qualifications. 
He visits the schools and by suggestions assists the teachers 
in their work. He has power to annul a teacher's 
certificate, given by himself or his predecessor, whenever 
he believes it should be done ; but he must give ten days' no- 
tice to the teacher and the board of school directors, so that 
the directors may employ another teacher. A teacher's 



66 THE GOVERNMENT OF PENNSYLVANIA 

certificate is annulled only for incompetency, cruelty, neg- 
ligence, or immorality. A teacher may be dismissed by 
the board of school directors for the same cause, but only 
after due notice and a hearing. 
Duties. It is also the duty of the superintendent of schools to see 

that each board of school directors makes true and proper 
reports of its schools to him, and to make such reports 
himself of all the public schools of the county to the State 
superintendent of public instruction. The law does not 
permit him in any way to promote the sale of books, ap- 
paratus, or supplies used in the public schools ; and he is 
not permitted to receive any pay for teaching in addition 
to his pay as superintendent. Once a year he invites the 
teachers of the public schools and other institutions of 
learning of the county to meet together in a teachers' insti- 
tute, which is held for the purpose of improving the teach- 
ing in the public schools. The institute is held at such 
time as the superintendent fixes, and continues one week. 
A teacher who is absent from the institute without suffi- 
cient cause forfeits to the school district employing him 
three dollars for each day absent (§ 46). 

Minor 81. Minor officers. — In counties having a large popula- 

county t j on ^ one or more assistant district attorneys may be ap- 

pointed by the district attorney to aid him in performing 
the duties of his office, and in some counties the district 
attorney may appoint special detectives to assist in prose- 
cuting criminals. Some counties have prison inspectors, 
jail physicians, prison wardens, court interpreters, and as- 
sistant coroners. The county commissioners and the di- 
rectors of the poor usually appoint some lawyer to be their 
solicitor; he acts as legal adviser for them, and conducts 
any matter which they must present to the court. 



COUNTY OFFICERS 67 

The county commissioners appoint also a mercantile Mercantile 
appraiser. He assesses the mercantile tax, which is a a PP raiser - 
charge on each dealer of merchandise in the county for a 
small license fee and a tax proportional to the business done. 
The appraiser furnishes the county treasurer with a list of 
the venders of merchandise in the county, classified accord- 
ing to law, and gives each vender notice of his classification 
and of the time and place of hearing appeals from the 
classification. The tax is for the use of the commonwealth, 
and is paid to the county treasurer, who pays it over to the 
State treasurer. 

82. Salaries of county officers. — Until comparatively County 
recent time the county officials received the fees of their salanes - 
offices in payment for their services, except that in offices 
where the duties did not require a continuous service, the 
pay has always been by the day. In all the counties hav- 
ing over 150,000 inhabitants, fixed salaries are now paid 
county officials. The fees of the office are paid to the county 
treasurer monthly, except such as are collected for the use 
of the commonwealth, which are paid to the State treasurer. 
These counties are graded, and the officials in the more 
populous ones receive the higher salaries. 

Prothonotaries, clerks of courts, registers of wills, and 
recorders of deeds, who still receive the fees of their offices, 
pay over to the county one half of the amount they receive 
annually above $2000, after deducting clerk hire and office 
expenses. The highest annual salaries arising from fees 
do not much exceed $5000, and in many counties they are 
not much above $1000. Some of the minor officers who 
are paid by the day receive less than $200 a year. In 
counties where salaries are paid, they range from $3000 to 
$10,000. The sheriff in Philadelphia County receives 



68 THE GOVERNMENT OF PENNSYLVANIA 

$15,000 a year, and the prothonotary, treasurer, and register 
of wills in that county have their salaries increased (but not 
above $5000) by a percentage on money they receive for 
the commonwealth. Out of these higher salaries the county 
officials must pay their deputies and clerks. 

83. Summary. — The officers of the county fall naturally into four 
divisions : — 

The officers in connection with the courts. 

The officers in charge of the business affairs of the county. 

The officers who conduct the enrollment of written instruments for 
preservation and public inspection. 

The officer who supervises the teaching in the public schools. 

The first division consists of the sheriff, clerk of criminal courts, 
prothonotary, clerk of orphans 1 court, district attorney, coroner, and 
jury commissioners. 

The second division is composed of the county commissioners, clerks 
to the county commissioners, county treasurer, directors of the poor, 
county auditors or controller, and surveyor. 

The third division embraces the recorder of deeds and the register 
of wills. 

The fourth division consists of the superintendent of schools. 

QUESTIONS 

For how long a term are county officers elected? What limitation 
is put on the election of sheriff? Treasurer? County commissioners 
and jury commissioners? How are vacancies in the different offices 
filled? 

What are the duties of the sheriff as a peace officer? As a ministerial 
officer of the court? In drawing panels of jurors? What are the duties 
of the clerk of the court of quarter sessions in his office? In the court 
room? State all the duties of the prothonotary with regard to election 
returns. Who issues marriage licenses ? 

Tell the course of a criminal action from the time the copy of the 
record of a justice's court reaches the district attorney to a finding by 
the grand jury. If A causes B's death feloniously, give all the steps of 
the coroner's inquest. What does the coroner do with A, if he arrests 



COUNTY OFFICERS 69 

him? Tell how the jury wheel is rilled. Who keeps the jury wheel? 
The key? How are jurors summoned to attend court? 

What are the duties of county commissioners as to raising money to 
pay the expenses of the county? As to care of county property? As to 
elections? Who cares for the county's money? Who removes a county 
treasurer for any wrong act in office? How is it done ? Wnat are the 
duties of directors of the poor? How are pauper children cared for? 
What are the duties of county auditors? Of the county surveyor? 

How is a will probated? How is the probate contested? Tell each 
step in the course of administering an estate after the will is probated ; 
if no will was made. Give a case where collateral inheritance tax must 
be paid. One where it is not paid. 

Why should a deed of land be recorded? W T hat are the three pur- 
poses of recording a deed ? What is required to admit a deed, mortgage, 
or other instrument to record? Tell the steps taken in recording a deed 
from the time it is left at the recorder's office till it is received from the 
recorder. 

Who elects the county superintendent of schools ? When? What 
are his duties ? For what may he annul a teachers certificate ? 

Give the duties of the mercantile appraiser. What does the county 
treasurer do with the tax? 

Make a list of the county officers in your county, and state the salary 
each receives. 



CHAPTER VI 



BOROUGHS AND BOROUGH OFFICERS 



Reason for 
incorpora- 
ting bor- 
oughs. 



Origin of 

borough 

charters. 



84. Incorporation of boroughs. — Whenever the popula- 
tion of a small part of a township increases until several 
hundred people are living close together, various arrange- 
ments for their welfare must be made, such as are not 
needed by a scattered population. Streets and sidewalks 
must be provided and some artificial means, perhaps, of 
supplying the people with pure water and with good drain- 
age. These provisions require powers much more exten- 
sive than the townships have. The new community must 
get its additional powers by a grant from the State. The 
township does not require a grant from the State to con- 
duct its government ; it has the governing power inherent 
in people living apart in rural sections. Townships have 
governed themselves thus from time immemorial, but bor- 
oughs have always been incorporated, — that is, made by 
law a corporation with power to transact certain business 
as one person might. 

Both boroughs and cities are ancient institutions. Bor- 
oughs had their origin when kings ruled the people; and 
the special privileges enjoyed by people living in boroughs 
were obtained from the sovereign for a price. The price 
was a tax. This money came later to be used in the 
borough to defray the expenses of the borough government. 
The written agreement between the crown and the people, 
by which they were assured these privileges, came to be the 
borough charter. Now, borough charters are granted by 
the State through general borough laws, which give the 

70 



BOROUGHS AND BOROUGH OFFICERS 7 1 

people of the State the right to have borough government 
whenever they are in need of it. 

85. How a borough is incorporated. — If the majority of Process of 
the landowners of a town, women as well as men being mcor P°ra- 
counted, want borough government for their place, they 

make application to the court of quarter sessions for the 
incorporation of the town as a borough. The petition pre- 
sented to the court sets forth that the majority of the 
freeholders want the place incorporated, and gives the 
boundaries of the proposed borough with a map of the 
territory. Notice of the application to the court is pub- 
lished, and those who favor the application, and any who 
oppose it, are heard by the court. If the judge of the court 
finds that the applicants have complied with the law, and 
he believes, after examining all the facts, that the place 
should be incorporated, he prepares a decree to that effect. 
The application and the decree are recorded in the office 
of the recorder of deeds. The place is thenceforth a 
borough, and has the right to conduct its government 
according to the borough laws of the State. 

86. Election and term of borough officers. — Nearly all Election of 
the borough officers are elected, but a few are appointed. 
The elective officers are chosen at the municipal election 
(§ 25) by the voters of the borough; they are elected in 
their respective wards, if the borough is divided into 
wards. The first borough charter granted in the prov- 
ince of Pennsylvania to Germantown in 1689 limited the 
members of the borough corporation to eleven men, and 
these eleven men voted for the officers. In every case 
since then all citizens of the borough who voted for 
members of the Assembly had the right to vote for 
borough officers. Voting for members of the Assembly 



officers. 



72 



THE GOVERNMENT OF PENNSYLVANIA 



Term of 

office. 



was made the test, for the reason that Penn made that right 
the broadest of any right of suffrage given the freemen. 

The term of office in boroughs is four years and begins 
on the first Monday in March. Councilmen are elected 
from wards, if the borough is divided into wards. One 
half the councilmen is elected every two years. If the 
number of councilmen is odd, as many as can be, less than 
one half are elected at the first election and the remain- 
der of them at the next. All the borough officers, except 
the chief burgess, may be continued in office as long as 
the voters choose to elect them ; but the chief burgess, 
who is the most important officer, cannot succeed himself. 



Council. 87. Council. — The council is the legislative body of the 

borough. It passes the ordinances and resolutions which 
regulate the government. Ordinances and resolutions 
must have the signature of the chief burgess, or if he 
refuses to sign, must be passed by a two-thirds vote of the 
council; if the council has less than nine members, one 
more than a majority is required to pass an ordinance. 
But the council is more than a legislative body ; it ap- 
points all the officers of the borough that are not elected, 
such as the members of the board of health, water com- 
missioners, and policemen. A borough not divided into 
wards has a council of seven members. Each ward elects 
one or more councilmen. The council organizes biennially. 
The presiding officer is chosen from among the members; 
and some person, not a member, is chosen clerk. 

In some of the early borough charters provision was 
made for town meetings, or assemblies at which all the 
voters gathered ; but the citizens met only when an extra 
tax was to be discussed, or some other important matter 
considered. Now, the citizens sometimes attend the coun- 



BOROUGHS AND BOROUGH OFFICERS 73 

cil meetings, as is their right, and urge upon the council- 
men some important action. But the councilmen have the 
right to do as they believe is for the best interests of the 
borough, whatever may be the feeling of the citizens at 
the time. This is true representative government. 

88. Chief burgess. — At the head of the borough officers chief 
is the chief burgess, so called for the reason that when the buf g ess - 
office was created there was an assistant burgess, whose 
office is now abolished. The burgess, as this officer is 
commonly called, is the chief executive officer of the 
borough; his duty is to see that the laws are enforced. 

The part he takes in legislation is small, serving only as 
a check on the council; ordinances and resolutions must 
be presented to him for his approval. If he approves 
them, he signs them ; but if not, he returns them with a 
statement of his objections to the council at their next 
regular meeting. The council may then accept his ob- 
jections and dismiss the measure, or pass it over his veto. 
In enforcing ordinances and collecting fines and penal- 
ties, the burgess has the power of a justice of the peace. 
If a breach of the peace is committed in his view, he 
may arrest the offender, or issue a warrant and have an 
officer arrest him. 

89. Other borough officers. — Many of the borough offi- Other bor- 
cers correspond to township officers, — justice of the peace ough officers 
(§ 39)> constable (§ 42), assessors (§ 34), collector (§ 35), 
treasurer (§ 36), and auditors (§ 37). They have the same 

powers and perform their duties in the same manner as 
these officers in townships do. In boroughs that are not 
divided, there is one constable for the entire borough. 
In boroughs divided into wards, a constable is elected in 
each ward, and a high constable is chosen in the borough 



74 



THE GOVERNMENT OF PENNSYLVANIA 



Filling va- 
cancies. 



Salaries. 



at large (§ 42). A policeman of a borough may also be 
constable. 

90. Vacancies in office. — A vacancy in the office of 
chief burgess is filled by appointment of the court of 
quarter sessions for the rest of the term, upon petition 
of the council or of any resident citizen. The president 
of the council acts for the burgess in his absence, or dur- 
ing any incapacity of the burgess. A vacancy in the office 
of councilman may be filled by the council, or by the court 
of quarter sessions upon petition of the council, until the 
next municipal election. Other vacancies in the elective 
offices are filled in the same way that vacancies in the 
same offices in townships are filled. 

91. Salaries of borough officers. — The borough council 
fixes the salary of the chief burgess by ordinance. The 
amount is limited to one hundred dollars a year for each 
thousand inhabitants, with provision that in boroughs hav- 
ing a population of more than five thousand the salary may 
be increased fifty dollars a year for each additional thou- 
sand. The fees of the office go into the borough treasury. 
The council fixes the pay of the other borough officers, 
except such as receive a remuneration fixed by act of the 
General Assembly. The office of councilman has no salary. 

92. Summary. — The State provides by law for the incorporation of 
boroughs. Application for incorporation is made to the court of quarter 
sessions. The application and the decree of the court extending to the 
place the provisions for borough government are recorded in the office 
of the recorder of deeds. 

The officers of a borough are : — 

The chief burgess, who enforces the ordinances and the laws of the 
State applying to the borough, sitting as a magistrate to try offenders 
of such laws and ordinances ; and who examines the ordinances and 
resolutions of the council before they go into force and approves or 
disapproves them. 



BOROUGHS AND BOROUGH OFFICERS 75 

The councilmen, who represent the people of the borough in ordi- 
nance-making and regulate the affairs of government by ordinances 
and resolutions. 

The officers who have to do with the borough funds, — one or more 
assessors, a collector, a treasurer, and three auditors. 

The officers who are connected with the courts in the borough, — 
two or more justices of the peace, one or more constables, and a high 
constable, if the borough is divided into wards. 

And such other officers as are provided for in the borough charter 
or by law, as street commissioner, water commissioner, policemen, and 
health officers. 

QUESTIONS 

What are some of the needs which move the people of a place to 
have it incorporated a borough? How is it done ? What records 
show whether a town is incorporated a borough or not? 

Who elects the borough officers? At which election? For how 
long a term? Why is it better to elect part of the council each year? 
How many councilmen has a borough ? Name all the officers in any 
borough you choose. 

By w T hom is a street commissioner in a borough appointed? The 
members of the board of health? How far may the chief burgess con- 
trol the passing of an ordinance? How far may the people of the 
borough control such action? Which is better, for the councilmen to 
do as they think right, or to do as the people at a council meeting 
want them to do? 

What are the duties of the chief burgess? Can he try to punish a 
resident of the borough for breach of a borough ordinance? For break- 
ing into the post-office and stealing stamps ? If a man is intoxicated and 
disturbing the peace, in the presence of the burgess, should the burgess 
arrest him ; or should he go to his office and issue a warrant and 
have the constable arrest him, and take him before the burgess for 
trial ? 

What are the duties of the borough assessor? The borough col- 
lector? The borough treasurer? The borough auditors? Is there 
any difference between the duties of a justice of the peace in a borough 
and a justice of the peace in a township? 

How is a vacancy in the office of chief burgess filled? For how 
long? What is his salary? Does the office of councilman pay a 
salary? 



CHAPTER VII 



CITIES AND CITY OFFICERS 



Cities incor- 
porated by 
the State. 



Process of 
incorporat- 
ing a city. 



93. The incorporation of cities. — A city obtains the 
authority to conduct its government from the State. The 
ordinary powers of local government from long-continued 
practice are recognized as belonging to the people, but the 
powers exercised by cities are not. They are extraordinary 
powers, which are granted or withheld by the State as the 
needs of local government demand. The State never re- 
fuses to give to the people the right to maintain municipal 
government, but it always reserves the control in such 
matters. Sometimes the people of a city do not govern 
their city well, and it is then questioned whether it would 
not be better if the State maintained a closer control of 
municipal affairs. But to this question it may be answered 
that municipal government, like all other government, can- 
not be improved by taking the authority to govern away 
from the people most interested in the government. Local 
pride and local interest must be relied on to maintain good 
government, and neither of these motives grows stronger 
from inaction in public affairs, but rather from taking part 
in the affairs of government. 

94. How a city is incorporated. — A community must have 
a population of at least 10,000 people in order that it may be 
made a city. Some cities in the State do not have so large 
a population, but they were made cities before this require- 
ment was in force. If a borough wishes to become a city, 
a resolution to submit the matter to a vote of the people 

76 



CITIES AND CITY OFFICERS JJ 

must first be passed by the borough council. An election 
is held at the time of the next general election. The 
ballots are marked, " For city charter " and " Against city 
charter." If the vote favors the organization of city govern- 
ment, the returns of the election are sent to the secretary 
of the commonwealth, who is also furnished with infor- 
mation as to the boundaries of the proposed city. The 
matter is laid before the governor. If the law has been 
complied with, the governor issues a charter reciting the 
facts and defining the boundaries. This charter consti- 
tutes the place a "body corporate and politic," with a long 
list of powers. 

In becoming a city, a borough carries into its new organ- 
ization all its laws, rights, property, and obligations. The 
borough officers continue to serve until the time for taking 
office after the next municipal election, when they vacate 
their positions to the newly elected officials. 

If a city wishes to be divided into wards, either the citi- Division 
zens or the council present a petition to the court of quarter int0 wards - 
sessions. The court appoints a commission of five men, 
residents of the city. They examine the matter and report 
their opinion to the court. If the report is favorable, an 
election in the part of the city affected is held at the time 
of the municipal election, and on a favorable vote the court 
orders the new wards erected. 

95. Classification of cities. — For the regulation of mu- 
nicipal affairs the cities of Pennsylvania are divided into 
three classes : — 

Those having a population of 1,000,000 or over are Cities of 
cities of the first class. 

Those with a population of 100,000 and under 1,000,000 Second 
are cities of the second class. class * 



78 



THE GOVERNMENT OF PENNSYLVANIA 



Third class. 



Legislation 
by classes. 



Those with a population less than 100,000 are cities of 
the third class. 

Laws may be made for cities of the first class, and differ- 
ent laws for cities of the second class, and still different 
laws for cities of the third class. The number of cities 
in a class has no effect on the laws, for the reason that 
laws that are good for a class of cities of more than 
1,000,000 depend for their fitness upon the population 
crowded together in each city, and not upon the number 
of cities concerned. The same is true of the other classes. 
If laws were made for each city, as they were before the 
present Constitution and the present classification came 
into force (1874), two cities of the same population and 
presenting the same problems of municipal government 
might have different laws. This is no longer permitted. 



Powers of 
government 
in a city. 



Absence of 

municipal 

courts. 



96. Government of cities. — The government of a city is 
State government adapted to meet the needs of the people 
living in that locality. The municipal powers of a city 
are named in its charter. It is given authority to acquire 
real estate on which to erect a city building, police sta- 
tions, hospitals, and other municipal works; to pass ordi- 
nances for the regulation of its public affairs ; to grant 
franchises for the development of its resources ; to engage 
in certain public works for its own welfare, such as sup- 
plying gas, water, and electric light ; to levy taxes for the 
support of its government ; and to do certain other things 
for the protection and welfare of its citizens. 

One thing notable in the government of cities is the 
absence of municipal courts. The judicial authority of 
the State is adequate for municipal purposes ; no additional 
courts have to be established. The judicial part of the 
city government is conducted almost wholly by the local 



CITIES AND CITY OFFICERS 79 

courts of the State, which in no way depend on the munici- 
pal government for their existence. It is true the mayor The mayor's 
— in some cities assisted by officers belonging to the judicial 
municipal government — exercises a limited judicial func- P owers - 
tion in the punishment of such offenses as vagrancy, 
drunkenness, disorderly conduct, and the like. Like the 
burgess of a borough, he has authority to judge and sentence 
offenders against the city ordinances and in breaches of 
the peace, and to settle disputes connected with the collec- 
tion of penalties imposed by city ordinances. But be- 
yond this the courts of the State administer justice in 
cities. 

97. The legislative department. — In addition to the law Legislative 
of the State, cities require local laws. These local regula- department 
tions are known as ordinances. They are entirely the work 
of the city government ; the State never enacts them for 
cities. In each city this legislative power is exercised by 
a council, consisting of two branches, the common council Common 
and the select council. This law-making body constitutes council; 
the legislative department of the city. The councilmen ^ndl 
are elected by wards. In the smaller cities two common 
councilmen are usually chosen in each ward, and one select 
councilman ; but in the larger cities only one member of 
each branch of the council is chosen in each ward. The 
common councilmen are elected for two years, and the 
select councilmen for four years. Only part of each branch 
is elected at a time, so that they never consist wholly of 
new members. Members of the common council must be 
at least twenty-one years old, and members of the select 
council at least twenty-five. Councilmen must reside in 
the ward they represent. They are not permitted to hold 
any other public office, except notary public and commis- 



8o 



THE GOVERNMENT OF PENNSYLVANIA 



Council 
meetings. 



How ordi- 
nances are 
passed. 



sioner of deeds. They may not be given employment 
outside their official duties by the council, nor become finan- 
cially interested in furnishing supplies for the city. If a 
matter comes before the council in which a councilman has 
a private interest, it is not legal for him to vote on it. 

98. Council meetings. — The meetings of the council are 
held in the council chambers of the municipal building. 
The common council meets in one chamber, and the select 
council in another. The time for the meetings is fixed by 
ordinance ; they are usually held every two weeks. Spe- 
cial meetings are also held. Each branch is presided over 
by one of its members chosen when the body is organized 
after the new members take their seats. They each have 
a clerk and such other officers as are necessary for the 
transaction of business ; and each branch keeps a journal 
of its proceedings. The meetings of the council are public, 
and the journal of each branch is open to public inspec- 
tion. 

99. Ordinances. — Ordinances originate in bills which 
may be presented by members of either branch of the 
council. After a bill is introduced, it is referred to a 
committee, usually composed of members of both branches. 
When it has been duly considered in committee, it is re- 
ported back to the branch of the council by which it was 
referred. If reported favorably, it is printed for fuller 
consideration by the members. The bill must then pass 
three readings before it is sent to the other branch. 

In the first two readings only the title of the bill is 
read ; but for the third reading, just before the final vote 
is taken, the bill must be read at length and all members 
must vote on it unless excused. Only in case of public 
emergency can a bill be passed the three readings on the 



CITIES AND CITY OFFICERS 8 1 

day it is introduced. If the bill is approved by a majority 
of the votes, it is sent to the other branch of the council 
for consideration. There it goes through the same course. 
If it again receives a majority vote, it is sent to the mayor 
for approval. He may sign the bill or veto {i.e. reject) it. 
If vetoed, the bill does not become an ordinance unless Ordinances 
passed over the veto by a large majority vote of the and the 
members of each branch — a two-thirds vote in cities of 
the third class and a three-fifths vote in other cities. The 
mayor may permit a bill to become an ordinance by fail- 
ing to act within a certain period — fifteen days in cities of 
the third class and ten days in other cities. Within one 
month after their passage, ordinances are recorded in a 
book in the clerk's office, and are open to the public. If 
there is a penalty for its violation, the ordinance is pub- 
lished before it goes into effect. 

100. The executive department. — The executive power Executive 
of a city is exercised by the mayor. Closely associated de P artment 
with the mayor in the government of large cities are the 
heads of several executive departments. These officers 
are in most instances appointed by the mayor, the appoint- 
ment being confirmed by the select council, and they may 
be removed from office for improper conduct by the mayor. 
Some of the heads of these departments are elected. The 
best results seem, however, to come from appointments. 
In the most highly developed city government there are 
departments of public safety, public works, public supplies, 
public health and charities, city controller, collector of taxes, 
assessors, city treasurer, law, and sinking-fund commission. 

Such matters as police affairs, protection against fire, 
regulation of electric wiring, care of city property and 
parks, inspection of buildings and steam engines and 



82 THE GOVERNMENT OF PENNSYLVANIA 

boilers, come within the department of public safety. The 
supervision of water works and gas works, — if they are 
owned and operated by the city, — the paving, cleaning, 
and lighting of streets, and the important matter of 
sewerage and drainage of the city, belong to the depart- 
ment of public works. The other departments have the 
care and regulation of equally important matters, indicated 
by their names. In the smaller cities these executive func- 
tions are not performed through such an elaborate division 
into departments ; but they are always an important part 
of the administration of municipal government. 

Mayor. 101. Mayor. — The mayor is elected by the voters of 

the city, and holds the office in each city for a term of 
four years. He must be at least twenty-five years of age, 
and a citizen and resident of the State and of the city five 
years; except that in the smaller cities a residence and 
citizenship in the State of only four years, and in the city 
of only one year, is all that is required. He is not eligible 
to the office for the next succeeding term. And in some 
cities he is not permitted to hold any other municipal office 
within two years from the expiration of his term as mayor. 

Duties and The mayor is at the head of the city government. 

powers. j t j s kj s ^ ut y to see fast the ordinances of the city, and 

the laws of the State so far as they affect the peace of the 
city, are enforced. He must protect the citizens against 
all manner of criminal offenses; and to assist him in the 
performance of this duty he has the entire police force of 
the city under his direction. If necessary in order to pre- 
vent disorder, he may close all places where liquors are 
sold. He has the power of a sheriff to prevent and sup- 
press assemblages that might lead to riot. He may also 
regulate any matters whereby the lives, health, and prop- 



CITIES AND CITY OFFICERS 8$ 

erty of citizens are endangered and the public safety is 
imperiled. It is also his duty to communicate to the 
councils at least once a year a statement of the finances 
and general affairs of the city, and to recommend to them 
such measures as he thinks will promote the public good. 
He joins in making contracts for the city after the councils 
have passed ordinances authorizing them. He appoints 
several city officials, with confirmation of appointment by 
the select council. The mayor is held responsible for the 
successful administration of the city government. 

102. City controller. — The city controller is elected city con 
every four years by the voters of the city. He watches troller. 
over the finances of the city. It is his duty to countersign 

all orders on the city treasurer to pay out money. He must, 
however, be certain that the expenditure has been legally 
made, that no appropriation has been overdrawn, and that 
the total of appropriations, estimates, and lawful obligations 
has been brought within the available income of the city. 
He is independent of the mayor on the one hand, and of 
the councils on the other ; and it is his duty to watch over 
the executive and the legislative affairs wherever they affect 
the finances of the city. He inspects and revises the ac- 
counts of the city officials in every department; keeps a 
record of the receipts and expenditures of the city revenues ; 
and requires reports from all the departments, in order to 
see that the financial affairs are kept in proper order. 

103. City treasurer. — The city treasurer has the care city treas 
and safekeeping of the public funds of the city. He is urer. 
elected for a term of four years, and gives a bond in a 

large sum with sureties for the honest and faithful discharge 
of his official duties. He has authority to demand and re- 
ceive all moneys due the city, and pays out the funds of 



84 THE GOVERNMENT OF PENNSYLVANIA 

the city only on warrants signed by the mayor, or the 
head of the department making the appropriation, and 
countersigned by the city controller. The purpose for 
which the money is paid out must be explicitly mentioned 
in the warrant, so that the city controller and the treasurer 
may know whether the money has been legally appropri- 
ated by the councils for that purpose. The treasurer keeps 
the city's money in such bank or other depositary as the 
councils direct. 

City solici- 104. City solicitor. — All the law matters of the city are 
tor - under the direction and control of the city solicitor, who is 

chosen in most cities by the councils in joint session, but 
is appointed by the mayor in some of the large cities. His 
term of office is three years. He is the legal adviser for 
all the officers and departments of the city government; he 
prepares all the contracts to which the city is a party ; and 
he is custodian of the legal papers and documents of the 
city. In the large cities he has several assistants. He and 
his assistants are required to be lawyers. 

Other city 105. Other city officers. — There are several other city 

officers. officers, such as collector or receiver of taxes, who collects 

the money due the city for taxes, licenses, and rents ; 
assessors, who make the valuation of property for 
taxation; city clerk and assistant city clerk, who keep 
the proceedings of the councils and the records of the city, 
and publish the ordinances and notices when they are re- 
quired to be published ; health officer, who has charge of 
matters affecting the health of citizens ; city engineer, who 
assists in directing the curbing and paving of the streets 
and the laying of sewers ; building inspector, who issues 
permits to erect buildings under the rules and ordinances 
of the city and inspects them to see that they are built in 



CITIES AND CITY OFFICERS 85 

accordance therewith ; and other officers with such duties 
as an elaborate city government makes necessary. 

106. Vacancies in office. — A vacancy in the office of Filling 
mayor is filled by the people at the next municipal election, vacancie! 
if the election occurs more than thirty days after the va- 
cancy ; but if not, the vacancy is filled at the second muni- 
cipal election thereafter. Until the vacancy is so filled, a 
mayor pro tempore, elected by the councils, acts as execu- 
tive officer. Vacancies in the offices of controller and 
treasurer are filled in the same way as a vacancy in the 

office of mayor, except that in the city of Philadelphia these 
officers are county officials (the city and the county having 
the same limits), and a vacancy in either office is filled by 
the governor (§ 64). Vacancies in the other city offices are 
filled by the councils or the mayor. 

107. Salaries. — The salaries of the city officials are fixed Salaries. 
by ordinance, except that the treasurer and controller of 
Philadelphia, being classed as county officials, receive sal- 
aries fixed by State law. The office of councilman pays 

no salary. The officers who receive fees pay them into 
the city treasury. 

108. Summary. — Cities receive authority from the State to conduct 
their government. The State regulates municipal government by laws 
which apply to all the cities in a class. There are three classes of cities. 

The officers of cities are : — 

The mayor, who enforces the city ordinances and the laws of the State 
applying to the city. He is chief magistrate, and in some cities sits 
as a municipal court and tries the offenses against the ordinances and 
laws : he appoints most of the city officials, and examines the ordinances 
and resolutions before they go into force, approving or disapproving 
them. 

The councilmen, who in the select and the common council represent 
the people of the city in ordinance-making, with power to pass ordinances 
over the mayor's veto. 






86 THE GOVERNMENT OF PENNSYLVANIA 

The city controller, who watches over the finances of the city. 

The city treasurer, who has the care and safe-keeping of the city's 
money, and pays it out when properly authorized. 

The city solicitor, who is the legal adviser for all the officers and 
departments of the city, and who conducts all legal business in which 
the city is a party. 

The collector of taxes, assessors, city clerk and assistant city clerk, 
health officer, city engineer, building inspector, and numerous other 
officers, especially in large cities. 

QUESTIONS 

From what source do cities get the authority they exercise in munici- 
pal government? Could it be withheld? Should it be withheld when 
the people use it dishonestly? How large a population is now required 
to obtain city government for a community? How is a borough incor- 
porated a city ? What become of the debts of the borough, if it has any, 
when it is made a city ? How is a new ward created in a city ? 

How are cities classified? Why? Why is it right to make laws for 
a class of cities, even if only one city is in the class, and not for indi- 
vidual cities? 

Does the State have governing power within the limits of a city? 
Do cities have municipal courts? What judicial power has a mayor? 
What are ordinances ? How do they compare with state laws ? How 
are they enacted ? What has the mayor to do with ordinances ? 

Why should a councilman not vote on an ordinance to buy a piece of 
land and erect a fire-engine house, if he owns the land? Can a coun- 
cilman supply his city with gas to light the streets ? If he moves out of 
the ward, can he still keep his seat as councilman? 

Name some of the executive departments that assist the mayor in gov- 
erning a city. In what executive department do police matters come? 
Paving, cleaning, and lighting the streets? 

What assistance has a mayor in protecting the people of a city against 
thieves ? When has a mayor the right to close places where liquors are 
sold? What are some of the conditions dangerous to life or health 
which the mayor has power to regulate ? 

What are the duties of a city controller? Of a city treasurer? Of a 
city solicitor? Of the city engineer? 

How is a vacancy in the office of mayor filled? In the office of city 
treasurer? In the office of city solicitor? 
How are the salaries of citv officials fixed? 



CHAPTER VIII 

THE STATE 

109. How the province became the State. — When the 
Continental Congress in session at Philadelphia recom- 
mended, May 15, 1776, that independent governments 
should be formed by the provinces that had not done so, 
a resolution to that effect was immediately offered in the 
Provincial Assembly of Pennsylvania, also in session. It 
was referred to a committee, which meant delay ; and the 
members of the Assembly who favored immediate action 
withdrew, and took the matter directly to the people. A 
convention of the county committees was called to meet 
June 18. The county committees unanimously resolved 
that the government of the province was not competent 
to meet the requirements of public affairs. They called 
a general convention to form a new government founded 
on the authority of the people. 

The freemen of the province responded promptly to the Government 
call, and an election of delegates was held, July 8, at the of the State 
State House in Philadelphia. The Continental Congress °!^ niz 
had just adopted the Declaration of Independence, and it 
was read to the freemen when they assembled in State 
House Square. The delegates elected at this meeting met 
one week later to form a State government. Benjamin 
Franklin was president of this body. They first consid- 
ered the Declaration of Independence, and gave it their 
approval. This action severed all relation between the 
people and the provincial government. A committee of 

87 



1776. 



88 THE GOVERNMENT OF PENNSYLVANIA 

safety was appointed to direct the government, and the 
convention proceeded rapidly to the adoption of a consti- 
tution, which was completed and went into effect, Septem- 
ber 28, 1776, without waiting for a vote of ratification by 
the people. Provision was made for the election of a new 
Assembly. The government of the State was organized, 
March 4, 1777. 

Laws of the 110. Former laws reenacted. — The new Assembly at 
an^of^ onc e reenacted the former laws, but it omitted everything 
England in the laws that in any way referred to the authority 
adopted, f Q rea t Britain. Not only were the provincial statutes 
passed prior to May 15, 1776, adopted, but the common 
law and the statutes of England in force in the colony 
were also made a part of the law of the new State. This 
is how Pennsylvania came to have the great body of com- 
mon law (§56) which has always distinguished the law of 
the State and the practice in the State courts. 



1776. 



Government HI. The new government. — The new State was gov- 
A^emM™ 1 erne< ^ ^Y a General Assembly and an Executive Council, 
and Execu- both elected by the freemen. They met annually at Phila- 
tive Council, delphia. The laws were made by the General Assembly. 
The Executive Council took no part in making laws, but 
transacted all the executive business of the government. 
The president of the Executive Council, who acted as gov- 
ernor, with the advice and consent of the other members 
of the Council, was chosen by the Executive Council and 
the General Assembly. All the courts were continued as 
they were under the provincial government, and the officers 
of the courts exercised the same powers as before. The 
officers who were elected by the people remained in office, 
but those who had been appointed to office were removed. 
The Executive Council filled the vacancies by appoint- 



THE STATE 89 

ment. The president of the Council, in addition to acting 
as governor, was commander-in-chief of the military forces 
of the State. But he was not permitted to command in 
person, except with the consent of the Council, and then 
only so long as they approved, so cautious were the people 
not to permit power to center in one person. Still greater 
was their caution not to create a government that could 
get beyond their control ; every seven years they elected a 
Council of Censors w r hose duty it was to see that the 
government was conducted properly. 

112. The power of government limited. — Under the new Power of 
government the people were the source of power. With g° vernment 

.. * - r 1 1 limited by 

no limitation of that power, the government was sure to the consti- 
be as inconstant as the minds of the people. Moreover, tution. 
the people could not themselves conduct the government. 
They must intrust it to officers selected by them, who must 
in turn be guided by principles and rules of government 
agreed upon by the people. These rules and principles of 
government were set forth in the Constitution adopted by 
the people, which limited the powers to be exercised by 
the government. Changes occurred, and the powers of 
government increased. This body of fundamental rules, 
as settled upon by the sovereign people, is the guide of 
the government. The laws made by the State must con- 
form to it, and all things done by authority of the State 
must be within the scope of powers granted by the Consti- 
tution. Questions arising as to the meaning of the 
Constitution are settled by the State courts, the decision 
of the supreme court being final. 

113. The Constitution of the State. — In its history as First and 

a State, Pennsylvania has had four Constitutions. The second Con - 

r 1 m i 1 1 stitutions. 

first one was hastily made because war was upon the peo- 



9Q 



THE GOVERNMENT OF PENNSYLVANIA 



Constitution 
of i8?8. 



Present 
Constitution 
adopted, 
1873. 



pie, but it carefully safeguarded the rights of the people. 
The second Constitution, adopted in 1790, was made to fit 
the relation of the State to the federal government. The 
rights of the people were more clearly stated, and the leg- 
islative, executive, and judicial departments of government 
were better defined. The executive authority was put in 
the care of one person elected by the people; the judicial 
power was embodied in a more complete set of courts ; 
and the law-making branch of the government was made 
to consist of a Senate and a House of Representatives. 

The third Constitution, adopted in 1838, made still more 
changes in the details of government. The powers of 
the General Assembly were enlarged ; and offices formerly 
filled by appointment were made elective. In 1857 repre- 
sentation in the General Assembly was put on the basis 
of the number of taxable inhabitants, and, in 1864, an 
amendment gave voters absent from their homes on- 
military service the right to vote* and have their votes 
returned to their home districts and counted. 

The fourth Constitution was adopted November 3, 1873, 
and went into force January 1, 1874. It changed the term 
of office of members of the House of Representatives from 
one year to two years, and of senators from two years to 
four years, and made the sessions of the General Assembly 
biennial instead of annual. The number of senators was 
increased from thirty-three to fifty, and the number of 
representatives from one hundred to two hundred, approxi- 
mately. Suffrage was extended to every male citizen, 
instead of being limited to white freemen. The time for 
holding the general election was changed from the second 
Tuesday in October to the Tuesday next after the first 
Monday in November, and the time for holding the 
municipal election was made uniform throughout the State. 



Constitution 
is revised. 



THE STATE 9 1 

Special legislation, such as granting special favors to per- 
sons and places, and such as resulted in a number of 
different laws for practically the same subject, was pro- 
hibited. Numerous other changes were made. Amend- 
ments were made in 1901, which permit laws to be passed 
requiring personal registration of voters in cities (§ 26), 
and providing other means of voting than by ballot (that 
is, the use of a voting machine), on condition that secrecy 
in voting is preserved. 

114. How the Constitution is amended. — A general re- How the 
vision of the Constitution requires a convention of delegates 
elected for that purpose. The General Assembly author- 
izes the convention and fixes the time it is to meet. The 
people elect the delegates ; and after the work of the 
convention is completed, they ratify the action of the con- 
vention. Amendments do not require the action of a h 
convention. They are proposed in either house of the amended. 
General Assembly; and if agreed to by a majority of both 
houses, they are published in two newspapers in each 
county for three months before the next general election. 

This gives the people opportunity to elect members to the 
next General Assembly, who favor or oppose the amend- 
ments, as they think best. If the amendments pass the 
General Assembly at its next session, they are again pub- 
lished in the same way as before, and then submitted to a 
vote of the people. If approved by the majority of those 
who vote thereon, they become a part of the Constitution. 
An amendment that fails in adoption may not again be 
offered for five years. 

115. The powers of government classified. — The powers 
of government in the State are divided according to their 
nature. Three departments are created : the legislative 



low 



92 



THE GOVERNMENT OF PENNSYLVANIA 



Depart- 
ments of 
govern- 
ment : 
legislative, 
executive, 
judicial. 



department which makes the laws ; the executive depart- 
ment, which applies the laws to particular events of 
government ; and the judicial department, which gives to 
the laws their proper legal construction and application 
when controversies arise. In practice the powers of 
government do not admit of so distinct a division. The 
legislative department does some things which are not 
legislative in character, such as the election of a United 
States senator (§ 181), or governor in case of a tie vote; 
the removal of officers by impeachment (§ 123), and the 
division of the State into congressional (§ 186), senatorial 
(§ 119), and other districts (§ 59). The executive depart- 
ment also does things which are not executive, as recom- 
mending to the General Assembly measures which the 
governor thinks should be acted on by that body, and 
the exercise of the veto power (§ 140). And although the 
rule is that the courts shall be confined to the decision of 
matters brought before them, yet in several instances 
it has been necessary to intrust to the courts of common 
pleas (§ 55) and the courts of quarter sessions the exercise 
of functions which are not judicial, but administrative, in 
their nature (§ 50). 



116. Summary. — Upon recommendation of the Continental Con- 
gress the province of Pennsylvania formed an independent State govern- 
ment. A constitution was adopted September 28, 1776, and a new 
General Assembly met and the government was organized March 4, 1777. 
Such provincial laws and such parts of the provincial government as 
were suited to the new government were adopted by the General Assem- 
bly. In 1790, after the Union was formed, a new constitution was 
adopted to conform to the division of power between the State and the 
nation. The advancement of the State led to improvements in the Con- 
stitution in 1838, and to a thorough revision and enlargement of the 
Constitution in 1873. 



THE STATE 



93 



QUESTIONS 

What moved the leading men of the province to organize an inde- 
pendent State government ? What steps were taken to bring it about? 
Who was at the head of the convention that made the first State consti- 
tution? When did the new State government begin its course? 

What became of the provincial laws and institutions of government? 
Describe the new State government. When the people became the sole 
source of power, what prevented everybody from doing as he pleased? 
What prevented the people as a whole from doing as they pleased? 
How does a government by all the people without a constitution and a 
government by a king without a constitution compare? 

Give the year in which each of the four Constitutions of the State 
was adopted. When did the present Constitution go into force? How 
is a new constitution made? How is an amendment to the Constitution 
made? 

Into how many departments is the government of the State divided? 
What does each department do? Name some things done by each de- 
partment that are not strictly of the same nature as the principal work of 
the department. 





OBVERSE REVERSE 

The Great Seal of the State of Pennsylvania. 



CHAPTER IX 



THE LEGISLATIVE DEPARTMENT 



General 
Assembly. 



Advantages 
of represen- 
tation. 



117. The General Assembly. — The legislative power of 
the State of Pennsylvania is exercised by the legislature, 
which is called the General Assembly. This branch of 
the government consists of the Senate and the House of 
Representatives. They are called the two houses of the 
General Assembly. Each house is a check upon the other. 
The Senate is the more conservative body, while the 
House of Representatives, being elected every two years, 
is a better index of the will of the people. 

118. The advantages of representation. — A knowledge 
of the conditions and needs of the people in all parts of 
the State is necessary in order to make good laws. But if 
all the people met together to make the laws, it would be 
impossible to reconcile the local wants, sentiments, and 
opinions, and get from the multitude the information upon 
which to enact laws. Under the system of representation, 
the men who are elected to legislate for the people bring 
to the General Assembly this knowledge of the conditions 
in all sections of the State ; and by association, mutual 
information, and comparison of views they acquire a fuller 
and better knowledge than the people are able to obtain, 
for the reason that the people do not have the opportunity 
of the wide view. 

119. Senatorial districts and appointment of repre- 
sentatives. — For the purpose of distributing the members 

94 



THE LEGISLATIVE DEPARTMENT 95 

of both the Senate and the House of Representatives over 
the State, so that all the people shall be represented, the 
State is divided into senatorial districts, and to each county 
is apportioned one or more representatives according to 
the population of the county. There are fifty senatorial 
districts, each of " compact and contiguous " territory and 
as nearly equal in population as the division of territory 
-will permit. The districts are numbered from one to fifty, Senatorial 
and each district elects a senator. The people are entitled districts. 
to two hundred representatives. The population of the 
State is divided by two hundred, and the number obtained 
is the population that has the right, given in the Consti- 
tution, to have one representative ; but it is not an easy Apportion- 
thing to apportion the representation on this basis, and ment of re P 
have the number of representatives just two hundred. tives 
By the apportionment made in 1906, the House of Repre- 
sentatives has two hundred and seven members. The 
General Assembly divides the State into senatorial districts 
and apportions the representatives after each national 
census. Sometimes the reapportionment is delayed by 
politics ; and sometimes the dominant political party makes 
the apportionment in its own favor. Neither of these 
things is right. 

120. Election of senators and representatives. — The elec- Election of 

senators and 
representa- 



tion of senators and representatives occurs biennially, in the 
even years. The representatives are elected for a term of 
two years, and the senators for a term of four years. One 
half the number of senators is chosen every two years, the 
even-numbered districts alternating with the odd-numbered. 
Members of both houses of the legislature must have been 
citizens and inhabitants of the State four years, and resi- 
dents of the district one year, unless they have been 



tives. 



9 6 



THE GOVERNMENT OF PENNSYLVANIA 



absent on public business ; and they must reside in the 
districts they represent. A man must be at least twenty- 
five years of age to be eligible to a seat in the Senate, and 
twenty-one years of age to sit in the House of Representa- 
tives. 



How sena- 
tors take 
office. 



How repre- 
sentatives 
take office. 



121. How senators and representatives take their offices. 

— At noon of the day the General Assembly meets (§ 122) 
the newly elected senators go to the senate chamber. As- 
sembled there are the senators who continue in office, and 
the officers of the Senate : the chief clerk, transcribing clerks, 
sergeant-at-arms, chaplain, messengers, and other officers. 
The lieutenant governor calls the Senate to order, and the 
proceedings are opened with prayer by the chaplain. The 
sergeant-at-arms then introduces the secretary of the 
commonwealth, who presents to the Senate the election 
returns from the several senatorial districts electing mem- 
bers. The clerk opens and reads the returns. They show 
the election of the twenty-five members (§ 120). The roll 
is then called, and each newly elected senator presents him- 
self to the clerk's desk and takes the oath of office. It is 
usually administered by one of the judges of the supreme 
court, but sometimes a judge of the court of common pleas 
administers the oath. Then the member signs his name 
to the oath in a book kept for that purpose. After the roll- 
call is completed, the Senate proceeds to the election of a 
president pro tempore and other officers, and then takes 
up the business of the session. 

The House of Representatives organizes anew every two 
years. On the same day that the newly elected senators 
take their office, the representatives elected, and the offi- 
cers of the House who return from the last session, meet at 
eleven o'clock a.m. in the hall of the representatives. One 



THE LEGISLATIVE DEPARTMENT 97 

of the former members, usually the member longest in 
office, announces from the speaker's desk that the mem- 
bers will meet at noon for the purpose of organizing the 
House. When that hour arrives, the clerk calls the meet- 
ing to order and presents the secretary of the common- 
wealth, who delivers to the House the returns of the 
election. The returns are read, and the roll of members 
is called. All the members take the oath of office as the 
senators do. Then the House elects its officers and pro- 
ceeds with its regular business. 

122. Sessions of the General Assembly. — The General Sessions of 
Assembly meets on the first Tuesday in January in the the General 

.. , - T . I-.,. Assembly. 

odd-numbered years. Its sessions are open to the public, 
unless the business is of such nature that it ought to be 
kept secret while in progress. A majority of the members 
of each house is a quorum, but a smaller number may adjourn 
the house from day to day so that the organization will not 
be lost, and may compel the attendance of absent members. 
Each house keeps a journal of its proceedings, which it 
publishes. The length of the regular session is usually 
about four months. A special session may be called by 
the governor on extraordinary occasion. 

123. The Senate. — The Senate has an independent or- Oganiza- 
ganization. It is judge of the election of its own members, tlon of the 

Senate 

chooses its own officers, and makes its own rules. The 
lieutenant governor is president of the Senate ; but he The lieuten 
takes no part in legislation further than to preside over the ant s ov " 
Senate, enforcing such rules as the members adopt. He 
has no vote unless the Senate is equally divided on a mat- President 
ter ; then he gives the deciding vote. One of the members P ro tem - of 
is always chosen president pro tempore, and he presides 
when the lieutenant governor is absent or under any dis- 



98 THE GOVERNMENT OF PENNSYLVANIA 

ability. The president pro tempore acts as lieutenant gov- 
ernor, if for any reason the office is vacant ; and he may 
even become governor, if the office of governor cannot be 
filled by either of the higher officers. He votes on all 
questions, and may leave the chair and address the Senate 
on any matter. He performs the important duty of ap- 
pointing the permanent committees who consider the 
bills introduced in the Senate, and is ex officio a member of 
these committees. The Senate approves or rejects appoint- 
ments made by the governor, and sits as a court for the 
trial of any impeachments preferred by the House of Rep- 
Officers of resentatives. The officers of the Senate include : a chief 
the senate. c l e rk, with assistants, who keeps the records ; a sergeant- 
at-arms, with assistants, who preserves order on the floor ; 
a chaplain whose duties are of a devotional nature ; a post- 
master in charge of the mails ; a doorkeeper, with assist- 
ants, who has charge of the senate chamber and its 
entrances ; and a number of subordinate officers, such as 
messengers, pages, and janitors. 

Organiza- 124. The House of Representatives. — The House of 

tionofthe Representatives has also an independent organization; it 

House. 

is judge of the election of its members, chooses its own of- 
ficers, and makes its own rules. The presiding officer, 
called the speaker, is chosen from among the members. 
The speaker. He appoints the committees, and exercises great power in 
directing legislation in the House. A member cannot 
speak until recognized by the speaker. If more than one 
member arises to speak at the same time, the speaker de- 
cides which shall proceed ; and it is not an unusual thing 
for him to ask what a member wishes to call up before 
recognizing him. If members were permitted to call up 
anything at any time, the business of the House would be 



THE LEGISLATIVE DEPARTMENT 99 

greatly disturbed. In the House of Representatives there 
are also a number of clerks who keep the records, a chap- 
lain, a sergeant-at-arms with assistants, a postmaster with 
assistants, a messenger with assistants, a doorkeeper with 
assistants, a number of pasters and folders, janitors, and 
pages. 

125. Committees. — The committees of the Senate and Committees 
of the House of Representatives are an important part of of Senate 
their organization. To each committee is intrusted the 
preparation of some part of the business of legislation. 

The committee looks into the history and particulars of 
matters before it, and reports to the house in which the 
matter is pending what it thinks ought to be done. This 
enables each house to give to matters before it a fuller in- 
vestigation, and to secure the advantage of submitting the 
subjects to members particularly fitted by study and service 
to decide upon them. Persons who are not members of 
the legislative body may also be heard. There are a large 
number of standing committees in both houses, thirty-two 
in the Senate, and thirty-nine in the House of Representa- 
tives, among which are divided the entire business of the 
General Assembly. New committees are added whenever 
either house finds it necessary. 

126. Duties of presiding officers. — Both the Senate and Duties of 
the House of Representatives are governed by rules; but P^ sl ^ lllg 
the presiding officers of both houses have certain duties 
which are obviously right and proper and require no rules. 

It is the duty of each to call the house to order at the time 
fixed for meeting and ascertain the presence of a quorum ; 
to cause the journal of the preceding session to be read 
and passed upon by the house ; and to announce the business 
and lay it before the house in its proper order. He receives 



IOO THE GOVERNMENT OF PENNSYLVANIA 

propositions from members, puts them to the house, and an- 
nounces the determination of the body ; decides all ques- 
tions of order, subject to an appeal to the house ; preserves 
order and decorum at all times ; receives and announces 
to the house messages from other branches of the govern- 
ment ; and signs in the presence of the house all acts, 
orders, addresses, and joint resolutions. He acts as the 
head of the body when judicial proceedings are in progress, 
and when any matters of state or ceremony are being con- 
ducted. 

How laws 127. How laws are made. — The chief function of the 

are made. General Assembly is to enact such laws as will protect 
and promote the interests of the commonwealth. In all 
matters of legislation, except for the raising of revenue, 
the two houses have equal power. Laws are introduced in 
the form of bills. Bills for raising revenue must originate 
in the House of Representatives (§i i), but the Senate may 
propose amendments for such bills the same as in consid- 
ering other bills. Every bill, to become a law, must pass 
both houses by a majority of all the members elected thereto 
and must receive the signature of the governor ; or if vetoed 
by the governor, must be passed over his veto by the af- 
firmative vote of two thirds of all the members in each 
house. A bill can be considered by either house only after 
it has been referred to a committee, returned therefrom, and 
printed for the use of the members. It must then be read 
at length on three different days in each house, and if it is 
amended the amendments must be printed for the use of the 
members before the final vote is taken on the bill. The vote 
on the final passage is taken by yeas and nays, and entered 
inthejournal. Thevoteon amendments is taken in thesame 
way. Joint resolutions are passed by a majority vote of the 



THE LEGISLATIVE DEPARTMENT 1 01 

two houses without being referred to committees, as they 
are merely the expression of the will of the two houses. 

128. Introduction of a bill. — The progress of a bill Introduction 
through the two houses may be noted by supposing that ofabin - 
the representative from Center County introduces a bill for 

the protection of brook trout in the State. The bill is pre- 
pared in duplicate and properly folded ; on the back is 
indorsed the title of the bill, the name of the member, the 
name of the county he represents, and the date of its pres- 
entation. In the order of business a time is set apart for 
the introduction of bills ; when this point is reached, the 
speaker calls over the counties alphabetically. If any 
member desires to present a bill, when his county is 
called he rises in his place and presents it. When the 
speaker reaches Center County, the representative from 
that county arises and says, " Mr. Speaker, I read in my 

place and present to the chair a bill, entitled ," and 

hands it to a page, who runs with it to the speaker's desk 
and gives it to the chief clerk. The speaker says, " The 
gentleman from Center County reads in his place and 

presents to the chair a bill, entitled ; referred to 

the committee on fish and game." After the bill is num- 
bered by the chief clerk, it is handed to the journal clerk, 
who enters it in the journal, and later hands it to the chair- 
man of the committee on fish and game, who receipts for 
it ; and the clerk makes another entry in the journal, 
showing that the bill has been delivered to the committee 
to whom it was referred. 

129. A bill in committee. — The bill may be held by the Committee 
committee for several days. Some of the representatives f c }!° n on a 
may wish to be heard against the bill before the committee ; 

if so, a time is fixed for a hearing, and members who favor 



102 THE GOVERNMENT OF PENNSYLVANIA 

the bill, and those who oppose it, are heard. Persons who 
are not members of the House may also be heard. When 
the committee has fully considered the bill, its members 
decide by a vote what report shall be made. If the passage 
of the bill is recommended, the bill is indorsed, " As com- 
mitted " ; but if it is amended by the committee, it is 
indorsed, "With amendments.'' If the committee reports 
against the bill, or makes a " negative recommend/' the 
bill is indorsed, "Neg. rec." 

Committee 130. Reporting a bill. — The report of the bill to the 
report of a House is made by a member of the committee. He rises 
in his place, when the order of business of reports of 
standing committees is reached, and addresses the chair; 
and a page carries the bill, as indorsed, to the clerk. If a 
minority report is made by members of the committee who 
opposed the bill, it also is carried up. Both reports are 
announced to the House, and a record of them is made in 
the journal. If the passage of the bill is recommended, 
it is ordered printed, and is placed on the calendar of bills 
on first reading. 

First read- 131. Action on a bill in the House. — In its order the 

mg of a bill, bill is read at length and placed on the calendar of bills 

on second reading, where it must wait its turn. When the 

bill is reached under this order of business, the speaker 

announces its number and title, and the House as a whole 

Considera- then becomes a committee to consider the bill. Some 

tion by member who favors the passage of the bill moves that the 

committee TT . . 

of the whole. House resolve itself into the committee or the whole, and the 
motion is put by the speaker. The motion carries, and the 
speaker leaves the chair, calling on some member to preside 
as chairman of the committee of the whole. The members 
do not leave their seats. Then the chairman directs the 



THE LEGISLATIVE DEPARTMENT IO3 

clerk to read the first section of the bill, after which the 
members vote on the section, and so on through the 
bill. As each section comes up, it is subject to debate and 
amendment. When the last section has been acted on, 
the chairman announces the fact, and says, " The bill has 
been gone through with." This ends the meeting of the 
committee of the whole, and the chairman reports the bill 
back to the House. 

Then the speaker, who took the chair when the com- Second 
mittee of the whole rose, says, " Will the House agree readm fr 
to the report of the committee of the whole?" If 
it is agreed to, the speaker announces, " The bill is 
before the House on second reading." As the bill 
was read through in committee of the whole, it is now 
open for debate or motion to amend in any part. After 
being so considered by the House, the speaker says, " The 
bill has now been read a second time, considered, and 
agreed to; the question will be on transcribing the bill for 
a third reading. Shall the bill be transcribed ? " 

Sometimes the committee of the whole is dispensed with, 
and the bill is read section by section and considered by 
the House, and proceeds to the question of transcribing 
much the same as if it went through the committee of 
the whole. The bill being ordered transcribed, it lies over 
and comes up on the calendar of bills on third reading. 

When a bill is reached on third reading, it is read Third read- 
through by the reading clerk, and the speaker says, " This in & and final 

i -n i i n 1 . 1 . 1 • vote on a 

bill has been read a third time ; the question is on agree- bill 
ing to the bill a third time." Following the vote on this 
question, the speaker announces, " This bill has been read 
three times at length on three separate days, considered, and 
agreed to ; the question is on its final passage. Agreeable to 
the provisions of the Constitution, the yeas and nays will be 



104 



THE GOVERNMENT OF PENNSYLVANIA 



Concurrence 
on a bill by 
senate. 



Committee 
of confer- 
ence on 
disagree- 
ment. 



taken on the final passage of the bill." Then the clerk calls 
the roll ; and as his name is called each member arises in 
his place and votes " aye " or " no." The vote is recorded, 
and the record shows who voted for the bill, who voted 
against it, and the members absent or not voting. 

132. The bill in the Senate. — The speaker then directs 
the clerk to present the bill to the Senate for its concur- 
rence. A messenger of the House carries the bill to the 
Senate chamber with a message from the speaker to the 
president of the Senate, informing him that House Bill 
No. — has been duly passed by the House. This mes- 
sage serves to introduce the bill in the Senate, where it is 
referred to the appropriate Senate committee. To receive 
concurrence of the Senate, the bill must pass through 
practically the same course that it did in the House. It 
often happens that a bill passes one house, and is amended 
in the other ; then, if the house which first passed the bill 
will not concur in the amendments, or if the other house 
will not recede from them, the member can take but one 
course to save his bill. He may move the house in 
which the bill originated to appoint a committee of confer- 
ence, the other house agreeing ; and this committee may 
bring about a compromise by which both bodies agree on 
the bill. This difference in the action taken by the two 
houses is sometimes very difficult to harmonize. But it 
happens only occasionally that the two bodies are unable 
to come together on bills that have passed the critical 
stages in both houses, — getting through the committee, 
passing the committee of the whole, and surviving the 
final passage. 

133. The governor's signature. — After a bill, introduced 
in the House, is concurred in by the Senate, it is sent to 



THE LEGISLATIVE DEPARTMENT 105 

the enrolling clerk of the Senate to be enrolled ; that is, it Governor's 
is carefully written out exactly as it was originally passed. exammatlon 
When enrolled, the bill is carefully verified, and is then 
presented to the House for the signature of the speaker, 
and to the Senate for the signature of the president of the 
Senate. The bill is then ready to be presented to the gov- 
ernor for his examination. If the governor approves the His veto. 
bill, he signs it, and it becomes a law; but if he does not 
approve the bill, he returns it to the House, in which it 
originated, with a message giving his objections to the bill. 
These objections are entered at large upon the journal, and 
the House proceeds to reconsider the bill. If two thirds 
of all the members elected to the House agree to pass the 
bill, it is sent, with the objections, to the Senate, where it 
is reconsidered in the same way. If the Senate agrees to 
the bill by a two-thirds vote of all the members elected to 
that house, it becomes a law. 

134. Limitation of legislative power. — The welfare of Limitation 
the commonwealth is promoted quite as much by not enact- , f . 

x l J legislative 

ing certain laws as it is by enacting others. For this reason pow er of 
the Constitution prohibits the General Assembly from pass- the General 
ing laws of a certain nature, on certain subjects, and with- ssem y ' 
out certain preliminary steps. For example, a law cannot 
be revived, amended, or its provisions extended by refer- 
ence to the title only ; but the part that is revived, amended, 
or extended must be reenacted and published at length. 
No bill, except a general appropriation bill, can be passed 
containing more than one subject, and the subject must be 
clearly expressed in the title. The General Assembly is 
not permitted to pass any measures having local or special 
application to the local divisions of the State. It cannot 
pass measures changing the names of persons or places; 



io6 



THE GOVERNMENT OF PENNSYLVANIA 



Filling 
vacancies. 



Salaries. 



granting divorces; changing the laws of descent or suc- 
cession ; exempting property from taxation ; and bearing 
on numerous other subjects. No law shall extend the 
term of any public officer, or increase or diminish his 
salary, after his election or appointment. No money shall 
be paid out of the Treasury except upon appropriation 
made by law, and on warrant of the proper officer. There 
are numerous other restrictions of like character. 

135. Vacancy in the general assembly. — If a vacancy 
occurs in either house, the presiding officer issues a writ of 
election, directed to the sheriff of the proper county, and 
fixing the date of election to fill the vacancy for the 
remainder of the term. The election is held at the gen- 
eral election, unless a special session of the General Assem- 
bly is to be held before that time; if so, the election is held 
before the special session. 

136. Compensation of members. — The compensation of 
members of the General Assembly is $1500 for the regular 
session, and mileage to and from the homes of the members 
at twenty cents a mile, and $500 and mileage for a special 
session. 

137. Summary. — The people elect representatives to make the laws. 
They are chosen in small districts, giving the people of every part of the 
State a fair representation. The representatives meet biennially in the 
General Assembly ; and in considering the subjects of legislation they 
have the advantage of association, mutual information, and comparison 
of views. The General Assembly consists of two bodies, — the Senate 
and the House of Representatives. Laws must be introduced by bills. 
Each bill to become a law must pass both houses by a majority vote of 
all the members of each house, and receive the signature of the gov- 
ernor. If the governor does not sign the bill, it requires a two-thirds 
vote of all the members of each house to make the bill a law. 



THE LEGISLATIVE DEPARTMENT 



IO7 



QUESTIONS 

What is the law-making body of the State? Name its two houses. 
Why has it two houses? What relation do its members bear to the 
people? What are the advantages of representation in legislation? 
Why is the State divided into senatorial districts? How are these 
divisions made? How are representatives apportioned to the counties? 
How often ? 

How often are' senators and representatives elected? How do they 
assume the duties of their offices? When does the General Assembly 
meet? How long are its sessions? Name the officers of the Senate. 
Of the House. What duties do committees in the two houses perform? 
What are the ordinary duties of the presiding officers in each house? 

How are laws made? Give the ordinary steps in the course of a bill 
introduced in the House until it goes to the Senate. How is it sent to 
the Senate? Give its course in the Senate. What is done, if the Sen- 
ate amends a House bill? Tell all the things that may happen to a bill 
from the time it goes to the governor till it becomes a law. 

Name some of the limitations placed on legislation. 

How are vacancies in the General Assembly filled? What compen- 
sation do members of the General Assembly receive? 




Coat of Arms of the State of Pennsylvania. 



CHAPTER X 



THE EXECUTIVE DEPARTMENT 



Officers of 
the State 
executive 
department. 



Local execu- 
tive officers. 



138. The chief executive authority. — The highest execiu 
tive authority (§ 115) of the State is exercised at the capi- 
tal. The governor is the principal executive officer. He 
is assisted by a large number of officers connected with 
this department. Chief among them are the secretary of 
the commonwealth, attorney general, auditor general, state 
treasurer, secretary of internal affairs, and superintendent 
of public instruction. The lieutenant governor performs 
no executive duties unless he becomes governor (§ 123). 
There is a large amount of administrative detail in this de- 
partment, and the work is continually increasing. Insur- 
ance, banking, agriculture, manufacturing, and mining, 
the preservation of forests and of fish and game, and 
the improvement and maintenance of public roads, have 
become so important that they are organized as separate 
divisions in the department. There are also a number of 
boards and commissions. 

139. Local officers have executive power. — The execu- 
tive officers at the capital have charge of the executive 
business concentrated there ; but the laws are also put 
into force in the local districts by the officers elected in 
the local divisions. The sheriffs in the counties perform 
executive duties ; so do mayors, burgesses, constables, tax 
collectors, and other local officers, in their divisions. The 
local officers are responsible to the people (§ 20), instead 

108 



THE EXECUTIVE DEPARTMENT IO9 

of to the governor, for their official conduct. The officers 
appointed by the governor (§ 151) are responsible in part 
to the governor and in part to the people, as fixed by law. 
Every person who keeps the law executes the law so far 
as he is personally concerned ; and it is also his duty to 
see that others keep the law. He may even arrest any 
one actually committing a breach of the peace or other 
criminal offense (§ 41), and may be required to assist an 
officer in executing the law (§ 42). Always to be law-abid- 
ing is a high mark of good citizenship. 

140. The governor. — The governor is commander-in- Governor: 
chief of the military forces of the State. In case of war powers and 
or invasion, or to prevent invasion, suppress riots, or aid 
civil officers in the execution of the laws, he. may order 
out for service as many of the state militia (§ 148) as are 
needed. It is his duty to see that the laws are properly 
executed, and the entire force of the State is behind him 
for this purpose. This duty does not stop with the gov- 
ernor alone ; it extends to every other officer of the State, 
and to the citizens as well. The governor is the highest 
official whose duty it is to make use of the power of the 
State to execute the laws. 

The governor has never been given any control over 
the legislative department. It is his duty to recommend 
to the General Assembly such legislation as he believes to 
be for the welfare of the State, and to examine bills passed 
by the body, and approve or reject them (§ 133); but this 
. is as far as his authority goes. The governor issues to all 
the State officers, except the lieutenant governor and the 
members of the General Assembly, their commissions, 
i.e. the authority from the commonwealth to perform 
the duties of their office. He also commissions the dis- 



no 



THE GOVERNMENT OF PENNSYLVANIA 



Qualifica- 
tions of 
governor. 



Lieutenant 
governor. 



trict judges, magistrates, aldermen, justices of the peace, 
notaries public, and the principal county officers. 

The governor also has power to remit fines and forfei- 
tures, and to grant reprieves, commutation of sentences, 
and pardons, except in cases of impeachment ; but the 
commutation of a sentence or the granting of a pardon 
must be recommended by the board of pardons. Per- 
sons accused of serious criminal offenses, who flee from 
one State to another, are sent back for trial upon, request 
of the governor of the State where the offense was com- 
mitted, the proper legal steps being taken. Records and 
contracts, deeds and similar instruments, intended for use 
in other States, are authenticated by the governor under 
seal of the State. The governor is a member of State 
boards and commissions, and is a visitor to the State 
prisons and other State institutions. He signs impor- 
tant State papers, such as patents for lands; and signs 
death warrants of persons sentenced to be hanged, and 
fixes the day for the execution of such sentences. 

No one but a citizen of the State can be governor, and 
he must be at least thirty years of age, and an inhab- 
itant of the State for seven years next preceding the elec- 
tion. In the election of governor, the returns are sent to 
the president of the Senate and are opened and publicly 
declared in the presence of the members of both houses of 
the General Assembly. In case of a tie vote, the mem- 
bers of the two houses in joint session choose which candi- 
date shall be governor. A governor cannot succeed him- 
self. 

141. Lieutenant governor. — The election, term of office, 
and qualifications of the lieutenant governor are the same 
as those of the governor. The duties of the governor 
devolve upon the lieutenant governor if for any reason the 



THE EXECUTIVE DEPARTMENT III 

governor is unable to act, but only during the remainder 
of the term or until the disability is removed. In the 
absence of this event the lieutenant governor occupies the 
honorary position of president of the Senate. 

142. Secretary of the commonwealth. — The official Secretary of 
transactions of the State pass through the office of secre- the com " , 

™ . ,. r monwealth. 

tary of the commonwealth. The secretary is custodian of 
the laws and resolutions passed by the General Assembly, 
and of the records of death warrants and other official 
action of the governor in the matter of the punishment 
of criminals. He prepares the laws for publication and 
distribution (§ 67), and compiles and publishes the returns 
of State elections. He is keeper of the seals of the State, 
and affixes them to and countersigns such State papers 
as the law directs. He has also numerous duties to per- 
form relating to corporations for profit. 

143. Attorney general. — The attorney general is the Attorney 
legal adviser of persons officially connected with the State £ enera • 
government, furnishing them, upon request, his oral or 
written opinion upon all matters arising in their official 
relation to the State. The claims in favor of the State, 

not paid when due, are referred to him by the auditor 
general, and he proceeds to collect them and turn the 
money over to the State treasurer. He also examines 
proposed charters of incorporation of State banks and 
insurance companies, approving them, if he finds them 
correct. He acts generally for the State in all matters of 
litigation to which the State is a party, but never in crimi- 
nal prosecutions in behalf of the State (§ 69). 

144. Auditor general. — It is the duty of the auditor Auditor 
general to examine and settle the accounts between the s eneral - 
State and any person, officer, department, corporation, or 



112 THE GOVERNMENT OF PENNSYLVANIA 

association. His authority in this respect is very exten- 
sive. He may compel the production of books and 
papers, the presence of persons, and the giving of testi- 
mony ; and he may also examine the books of any person 
or institution having accounts with the State, or any who 
refuse to report to the State as the law directs. In the set- 
tlement of claims for taxes and with officers who collect 
State taxes, and in paying out money belonging to the 
State, the auditor general enters into many details. 

Treasurer. 145. State treasurer. — All the money collected for the 

State is received and receipted for by the State treasurer. 
He apportions it among the different funds, putting the 
money in each instance into the fund to which it belongs, 
and keeping a separate account of it. He disburses the 
money on warrants drawn by the proper officers in 
accordance with appropriations made by the General 
Assembly. Monthly reports as to the condition of the 
different funds in the treasury are made by him to the 
auditor general, and are published. At the beginning of 
each session of the General Assembly the treasurer makes 
also a detailed report to that body ; and annually he 
reports to the same body the receipts and expenditures of 
the previous year. The money belonging to the State is 
not kept idle in the treasury, but is deposited in banks 
approved by the banking commissioner and board 'of rev- 
enue commissioners, at two per cent per annum. A State 
treasurer cannot succeed himself. 

Secretary of 146. Secretary of internal affairs. — In the office of the 

internal secretary of internal affairs are preserved the records of 

the original titles of the land and the original surveys. 

Here are recorded the land titles of the proprietor of the 

province and of the commonwealth to all the lands within 



THE EXECUTIVE DEPARTMENT 113 

the State, and the grants and conveyances from these 
owners to purchasers of the land. Here are found also Duties re- 
the papers relating to State and county lines, State bound- g ardin g 

ii • r .1 ^ 1 records, 

ary monuments, and the organization 01 the counties ; also capital and 
all the charters, maps, and papers pertaining to the labor, sta- 
colonial history of the State. It is one of the duties of tlstlcs > etc - 
this office to inquire into the relation of capital and labor 
in their bearing upon the social, industrial, and educational 
welfare of the people. The secretary keeps also a close 
watch upon the railroad, manufacturing, and other busi- 
ness corporations of the State to see that they confine their 
activities strictly within their limits. Statistics on taxation 
in the State, on corporations operating railroad, canal, tele- 
graph, and telephone lines, and on the conditions of labor, 
are furnished the people in the annual report of this office. 

147. Superintendent of public instruction. — The public Superin- 
tendent of 



public 



schools are under the supervision of the superintendent 

of public instruction and the State board of education. The instruction. 

superintendent of public instruction is at the head of the State board 

school system, and commissions the local superintendents 

of schools, and some of the trustees of the normal schools. 

There are thirteen normal schools for the professional 

training of young men and women to be teachers in the 

public schools. They are, in their strict legal relation to Normal 

the State, private schools, but they receive liberal aid from 

the State, and are engaged in a work of public interest. 

Each school is managed by eighteen trustees residing in 

the normal school district. Nine of the trustees are chosen 

by direct election by the stockholders or contributors to 

the school, and nine are appointed by the superintendent 

of public instruction from eighteen names submitted to 

him by vote of the stockholders. 



schools. 



114 THE GOVERNMENT OF PENNSYLVANIA 

Duties. The superintendent or his deputy, with the aid of a board 

of examiners appointed by him, always conducts the annual 
examinations for graduation of students of normal schools ; 
and he appoints committees to hold examinations for per- 
manent certificates, and grants these certificates to teach- 
ers. He also grants a State certificate to teachers. It 
is his duty to give to local superintendents, school directors, 
and citizens, advice and explanations relative to the school 
law, and the duties of officers of public schools. He 
may remove county superintendents of schools for neglect 
of duty, incompetency, or immorality, or for engaging in 
teaching for compensation while a superintendent. He 
issues an annual report of the condition of the common 
schools of the State. 

Adjutant 148. Adjutant general. — At the head of the governor's 

general. sta ff j n comm and of the National Guard is the adjutant 
general. He issues the orders to the National Guard, and 
sees that his orders are executed, and also inspects the 
National Guard at the annual encampment. He has 
charge of the State arsenal, and is custodian of the muster 
and other rolls of the regiments that served in the Civil 
War and the Spanish-American War, and of the battle 
flags belonging to the State. Every able-bodied male 
citizen resident within the State, of the age of twenty-one 
and under forty-five, not exempted by law, is liable to mili- 
tary service. The enrollment of the names of these citi- 
zens is kept by the adjutant general, and this force in 
reserve is known as the State militia, only a small part of 
which is active. The active militia is called the National 
Guard of Pennsylvania. 

149. Other executive officers. — The insurance com- 
missioner sees that the insurance laws of the State are 



THE EXECUTIVE DEPARTMENT 115 

kept. Insurance companies organized in the State are Insurance 
carefully controlled, and those from other States, before commis - 

1 i i -r» i n • 1 sioner. 

they can do any business in Pennsylvania, must hie with 
the commissioner copies of their charters and statements 
showing their financial condition. If the commissioner be- 
lieves one of the home companies or any foreign company 
is insolvent, or is conducting its business fraudulently, he 
can apply to the courts for an order making such company 
show why its business should not be closed. Fraternal 
beneficial societies have also to show that they are re- 
sponsible, and are legally conducted. 

The commissioner of banking takes care that the laws Commis- 
relating to banks, trust companies, and saving institutions si ° ner of 
are properly observed, and that the greatest safety is 
afforded to their depositors and others interested. He 
also assists in selecting depositaries for money belonging 
to the State (§145). 

The secretary of agriculture looks after the agricultural Secretary of 
interests of the farmers of the State by pursuing investiga- agriculture. 
tions which they could not well make individually. This 
work extends to horticulture, forestry, and kindred indus- 
tries. It embraces information concerning plant diseases, 
parasites, insect pests, and destructive birds and animals. 
This department, through the dairy and food commis- 
sioner, has charge of enforcing the laws to protect the 
people against imitation and adulteration of food products, 
and enforces also the laws to prevent diseases of domestic 
animals which affect food products. 

The commissioner of forestry and four other citizens of Forestry 
the State constitute the State forestry reserve commission, 
the object of which is to preserve lands for timber culture. 
The State provides a liberal annual appropriation ($300,000) 
for the purchase of lands for reservation purposes. Provi- 



reserve 
commission. 



u6 



THE GOVERNMENT OF PENNSYLVANIA 



Factory 
inspector. 



Chief of 
department 
of mines. 



Highway 
commis- 
sioner. 



Commis- 
sioner of 
health. 



sion is made also for practical instruction in forestry at 
the Mont Alto reservation, in Franklin County, and for the 
maintenance of a sanatorium there for indigent consump- 
tives, now under care of the commissioner of health. 

The factory inspector and deputies whom he appoints, 
some of them women, enforce the laws for the protection 
of women and children employed in industrial establish- 
ments, the laws to compel the use of proper safeguards 
about dangerous places of labor, and the laws to prevent 
overcrowding and foul air in workrooms. 

The chief of the department of mines enforces the 
mining laws to promote the safety of employees in the 
mines. In the anthracite region the people elect the mine 
inspectors, for a term of three years. The candidates must 
first pass an examination to be eligible. In the bituminous 
region the inspectors are appointed by the governor for a 
term of four years, from those highest in the list recom- 
mended by an examining board. 

The State highway commissioner is in charge of the 
work of the State in cooperating with counties and town- 
ships in the construction and maintenance of important 
public roads. The State pays three fourths of the cost of 
macadamizing such roads as the public desires to have 
improved, if the improvement meets the approval of 
the commissioner. The county and township share the 
other fourth of the expense equally between them. The 
ancient custom of working out the road tax is giving way 
to the better regulated work of the State. The commis- 
sioner is required to be a competent civil engineer. 

The commissioner of health is a physician of high 
professional standing, and associated with him is an ad- 
visory board of six members who serve without pay. It 
is the business of the commissioner to protect the health 



THE EXECUTIVE DEPARTMENT \\J 

of the people of the State, and to employ the best means 
for the prevention of disease. He may regulate any 
matters harmful to health, enforce quarantine regulations, 
and take steps to preserve the purity of the waters 
of the State. Provision is made by law for one or more 
sanatoria upon large tracts of land for the treatment of 
indigent persons affected with tuberculosis, the land to 
be a part of the State forestry reservation. The commis- 
sioner has also supervision of the State registration of 
births, marriages, deaths, and diseases ; and of the practice 
of physicians, surgeons, nurses, and undertakers, in those 
things which affect the public health. 

The State librarian has charge of the State library. He Librarian, 
receives copies enough of the several documents published 
by the State, and of the Supreme Court and the Superior 
Court Reports, to exchange with the other States and Ter- 
ritories, and with foreign countries. Other libraries also 
exchange publications with him. In the State library there 
are about 125,000 volumes, and the library is open to the 
general public as a reference library. All the State offi- 
cials, judges, and lawyers, while at the capital, are per- 
mitted to take books from the library for use, under the 
regulations. 

The superintendent of public grounds and buildings car- Superintend 
ries out the directions of the board of public grounds and f n ',°: 

. buildings. 

buildings, and prepares schedules of supplies, repairs, alter- 
ations, and improvements needed for the various depart- 
ments and boards of the government. He receives the 
articles mentioned in the schedules and delivers them to 
the proper officials, and sees that all the repairs and im- 
provements ordered by the board are properly done. 

The superintendent of public printing and binding takes 
charge of the reports made to the governor by the heads of 



II* 



THE GOVERNMENT OF PENNSYLVANIA 



Superin- 
tendent of 
printing. 



Commis- 
sioner of 
fisheries. 

Superin- 
tendent of 
police. 



departments, and also any matter ordered printed by the 
General Assembly, arranges the material, and turns it over 
to the person having the contract for the public printing. 
The State does not do its own printing ; every four years 
the work is let by contract. The superintendent sees that 
all the work is properly presented to the printer, and that 
the work is well done. 

The commissioner of fisheries has full charge of the 
enforcement of the laws relating to the protection, propa- 
gation, and distribution of fish. 

The superintendent of State police under careful regula- 
tion appoints the State police force, which consists of four 
companies, each consisting of a captain, lieutenant, five 
sergeants, and fifty men. Appointments are made only 
from citizens of the United States between the ages of 
twenty-one and forty years, who are able to read and write 
and are of good moral character. Applicants must pass a 
physical and mental examination. A member of the police 
force has the power of a constable as a peace officer (§ 42). 
Their services are most employed in the mining regions. 



Various 
boards and 
commis- 
sions. 



150. Various boards and commissions. — There are also 
a number of executive boards, councils, and commissions 
in charge of matters belonging to the executive department. 
The most important among them are the commission of 
soldiers' orphan schools, which looks after the education 
of the orphans of soldiers, sailors, and marines ; the board 
of pardons, to- which must be presented applications for 
pardon and commutation of sentence of criminal offenders 
before the governor may act ; the board of revenue com- 
missioners, which adjusts and equalizes State taxes and 
approves depositaries of State funds ; the board of public 
charities, which examines all charitable, reformatory, and 



THE EXECUTIVE DEPARTMENT 



119 



correctional institutions of the State ; and a number of 
boards of examiners in charge of the granting of licenses 
to practice medicine, dentistry, burial of the dead, veterinary 
medicine and surgery. The governor and the heads of the 
executive departments are ex officio members of most of 
these boards and commissions. 

151. Appointments, vacancies, terms of office, and sala- Appoint- 
ries. — The governor appoints all of the State officers m r ents to 
who are not elected. His appointments must be con- 
firmed by the Senate, if it is in session. Appointments 
made during a recess of the Senate are on the authority of 
the governor alone, until the Senate convenes ; then they 
must be presented to that body for confirmation. Vacancies Filling 
in appointive offices are filled by the appointing power ; vacancies - 
vacancies in the elective offices are filled by the governor 
by appointment until new officers are elected. If a va- 
cancy in an elective office occurs three months or longer 
before the time of election, it is filled at the next election ; 
but if it occurs less than three months prior to the time of 
election, the office is filled at the second ensuing election. 
The salaries of State officers are generally paid quarterly Salaries. 
by warrant drawn by the auditor general on the State 
treasurer. Traveling expenses are also paid. The salaries 
do not remain the same over a long period of time. The 
General Assembly may change them, but not during the 
terms of the officers. 



Officers 


How Chosen 


Term 


Salary 


Governor 


Elected . 


4 years 


$10,000 and use of Ex- 
ecutive Mansion. 


Lieutenant Governor . . 


Elected . 


4 years 


$5000 and S500 (for ser- 
vice on Board of Par- 
dons). 



120 



THE GOVERNMENT OF PENNSYLVANIA 



Officers 


How Chosen 


Term 


Salary 


Secretary of the Common- 


Appointed 


" During 


$8ooo and $500 (Board 


wealth. 




pleasure" 


of Pardons), $300 
(Board of Sinking 
Fund Commissioners), 
$300 (Board of Reve- 
nue Commissioners). 


Attorney General .... 


Appointed 


" During 


$12,000 and $500 (Board 






pleasure" 


of Pardons). 


Auditor General .... 


Elected . 


4 years 


$8000 and $600 (Military 
Board), $300 (Board 
of Sinking Fund 
Commissioners), $300 
(Board of Revenue 
Commissioners) . 


State Treasurer .... 


Elected . 


4 years 


$8000 and $600 (Military 
Board) , $300 (Board of 
Revenue Commission- 
ers). 


Secretary of Internal Af- 


Elected . 


4 years 


$8000 and $500 (Board 


fairs. 






of Pardons). 


Superintendent of Public 


Appointed 


4 years 


$5000. 


Instruction. 








Adjutant General . . . 


Appointed 


4 years 


$6000 and $600 (Military 
Board). 


Insurance Commissioner . 


Appointed 


3 years 


$6000. 


Commissioner of Banking . 


Appointed 


4 years 


$6000. 


Secretary of Agriculture . 


Appointed 


4 years 


$3500. 


Commissioner of Forestry . 


Appointed 


4 years 


$3000. 


Factory Inspector . . . 


Appointed 


4 years 


$5000. 


Chief of Dept. of Mines 


Appointed 


4 years 


$4000. 


Highway Commissioner 


Appointed 


4 years 


$8000. 


Commissioner of Health . 


Appointed 


4 years 


$10,000. 


Superintendent of Public 


Appointed 


4 years 


$5000. 


Grounds and Buildings. 








Superintendent of Printing 


Appointed 


4 years 


$3000. 


and Binding. 








Commissioner of fisheries 


Appointed 


4 years 


$3000. 


Supt. of State Police . . 


Appointed 


4 years 


$3000. 


State Librarian .... 


Appointed 


4 years 


$4500. 



THE EXECUTIVE DEPARTMENT 121 

152. Summary. — The executive department enforces the laws and 
conducts the work in connection with their enforcement. The governor 
is the chief officer of the department. The work is divided among a 
number of subordinate departments, boards, councils, and commissions, 
each of which has a chief officer, either elected by the people or ap- 
pointed by the governor with approval of the Senate ; and the chief 
officer is assisted by a number of subordinate officers and clerks. 

QUESTIONS 

What did Penn mean when he said, " Any government is free to the 
people under it, whatever be the form, where the laws rule, and the 
people are a party to those laws "? Do all the people keep the laws? 
What department of government enforces them ? What officer is at the 
head of this department? W T hat power has he to enforce laws? 

Name the chief officers of the executive department -who assist the 
governor. Do any other officers help execute the laws? What are a 
mere citizen^ duties in this respect? Who may be elected governor? 
Who takes the office, if the governor dies ? 

Name the principal duties of the office of secretary of the common- 
wealth. Of the attorney general. Of the auditor general. Of the State 
treasurer. Of the secretary of internal affairs. Of the superintendent of 
public instruction. 

What is the national guard? The State militia? When can a Massa- 
chusetts fire insurance company do business in Pennsylvania? How 
can any insolvent or fraudulent company be ousted from the State? 
Who is at the head of prosecutions for selling impure milk? What is 
the State doing to preserve forests ? If children under fourteen years 
work in a factory, who hunts up the case and stops it? Who watches 
to prevent dangerous places for workmen about mines? 

What arrangements are made for macadamizing the principal coun- 
try roads? What is done to preserve the health of the people? How 
do members of the General Assembly know what laws other States are 
making? Who attends to the State printing? How are the fish in the 
waters of the State protected? What State body can be called upon to 
prevent strikers from tearing up railroad tracks or destroying the works 
of a mine? 

Who appoints State officers not elected? How are vacancies in 
elective offices filled? Name the salaries of the principal State officers. 
What are their terms of office? 



CHAPTER XI 



The State 

judicial 

system. 



Jurisdiction 
of State and 
federal 
courts. 



THE JUDICIAL DEPARTMENT 

153. The judicial authority. — All the courts of the State 
belong to the judicial department. They all construe and 
apply the same law. The courts consist of the supreme 
court, the superior court, the county courts (§ 51), and the 
local courts (§ 39). The judicial system is not concen- 
trated at the capital ; it is a principle of law that the busi- 
ness of the courts must be done where the causes of action 
arise. This is specially true of the trial of cases in the 
local and the county courts. The people then do not have 
a long way to go for justice, and the lawsuits may be tried 
before jurors selected from the vicinity in which the liti- 
gants live and from which the witnesses come. In the 
decision of mere questions of law, it does not matter so 
much, as the law is the same over the whole State. For 
this reason the higher courts, engaged chiefly in deciding 
questions of law, meet in cities conveniently accessible 
from all parts of the State. 

154. Jurisdiction of the courts. — The courts of the State 
do not in any way depend upon the courts of the nation ; 
they are in themselves a complete system. They adminis- 
ter the law of the State, and they touch federal questions 
only as far as such questions belong to the State by reason 
of the federal law being a part of the law of the State 
(§ 56). In such matters, both the federal courts and the 
State courts have jurisdiction, running side by side, neither 

122 



THE JUDICIAL DEPARTMENT 1 23 

being superior to the other so long as it keeps within its 
limits. In a matter coming within the jurisdiction of each 
of the two systems, if the decision of the State court is 
against the title, right, privilege, or immunity claimed ' 
under federal authority, it is only fair that the federal 
courts should be free to pass upon the case. An appeal 
lies, in such cases, from the State court to the federal 
court. No appeal is taken, however, if the State court up- 
holds federal authority. With few exceptions, persons are 
at liberty to bring their suits in the State courts, even 
though they involve federal questions ; but purely federal 
matters are tried in the federal courts. 

155. Influence of the decisions of the courts. — The ad- influence of 
ministration of justice is very uniform. It is confined to the decislons of 
law and the established practice of the courts. Former 
decisions are followed, and the decisions of the higher 

courts are freely cited as the proper course of justice in 
the lower courts. For this reason the decisions are pub- 
lished and become an important part of the libraries of 
judges and lawyers. Not only are the decisions of the 
supreme court and of the superior court published, but 
there are at present thirteen different publications giving 
important decisions of the county courts, and even one 
book giving important cases tried before justices of the 
peace. These reports, and the reports of decisions in 
other States, are indispensable in the administration of 
justice. 

156. The supreme court. — The supreme court is the Supreme 
highest court of the State. Its jurisdiction extends over court 
the entire State. The greater part of its business is 

that of reviewing cases, tried in some lower court, in which 
some error is alleged to have been made. This is known 



124 



THE GOVERNMENT OF PENNSYLVANIA 



Appellate 
jurisdiction. 



Location. 



as its appellate jurisdiction. It has original jurisdic- 
tion — power to try the case from the beginning — in only 
a few matters. 1 

The appellate jurisdiction of the court extends to cases 
brought to it from any other court of the State, to exam- 
ine and correct any errors there may be, either in civil or in 
criminal proceedings. In criminal cases, only defendants 
are permitted to take appeals ; and in cases less grave 
than homicide, appeals can be taken only when allowed by 
the higher court. In some instances it is necessary for the 
court to examine the pleadings and evidence, as in equity 
cases, to see if the decision presented in the lower court 
is just and reasonable. Some cases are reviewed with 
reference to alleged errors, which were pointed out in the 
court below at the time of the trial. There are also cases 
in which complaint is made that in the court below the 
proceedings were not according to law. 

For convenience in holding the supreme court, the State 
is divided into three districts — Jhe eastern, the middle, and 
the western district. The judges of the court have power 
to arrange the counties of the State in these districts as 
best suits the disposal of the business. The court sits in 
Philadelphia for the eastern district, in Harrisburg for 
the middle district, and in Pittsburg for the western dis- 
trict. The decisions of the court are prepared for publica- 



1 In cases of injunction against corporations to restrain them from doing, 
or permitting their servants or others under their control to do, some act 
which is unjust ; in cases of habeas corpus, to bring before the court the 
matter of an arrest, so that the person arrested may be set at -liberty,- if his 
detention is illegal ; in cases of mandamus, to force lower courts to do what 
they have illegally refused to do ; and in proceedings of quo warranto affect- 
ing officers whose authority extends over the entire State, to prevent them 
from usurping any franchise or privilege, or to decide whether or not they are 
entitled to some particular office. 



THE JUDICIAL DEPARTMENT 1 25 

tion by an officer called the State reporter, and published 
under the title of Pennsylvania State Reports. 

There are seven judges of the supreme court, elected Supreme 
by the voters of the State at large for a term of twenty- court i ud S es - 
one years. The number that may be voted for by each 
voter is limited, so that a political party in minority may 
elect one judge, whenever two or more are chosen. The 
judge oldest in commission is the chief justice of the 
court. 

157. The superior court. — The superior court was es- Superior 
tablished in 1895 by an act of the General Assembly, as court * 
an intermediate court of appeals, to relieve the supreme 
court of a part of the increasing amount of work of that 
court. This court has original jurisdiction only in habeas 
corpus 1 proceedings (§ 156). The benefit of the writ of 
habeas corpus is a cardinal right of the liberty of every 
man; and every court of civil jurisdiction in the State pro- 
tects him in this right. All the other business of the court 
is appellate. It is final in all criminal cases, except feloni- 
ous homicide. Cases of this character go directly to the 
supreme court, if they are reviewed. In civil cases in 
which the amount in controversy does not exceed $1500, 
the jurisdiction of the superior court is final. Civil cases 
involving more than this sum, when appealed, go directly 
to the highest court. 2 The decisions are reported by the 

1 Habeas corpus is an order issued by a judge or a court requiring that a 
person kept under restraint be brought to court in order that the lawfulness 
of the restraint may be determined. 

2 Civil cases brought by the attorney general in his official capacity, and 
cases involving the right to a public office, may be taken from the superior 
court to the supreme court, no matter what amount is involved. Also, cases 
may be appealed to the supreme court, if the jurisdiction of the superior court 
comes into question ; if the case involves the construction or application of 
federal law, or of the Constitution of the State ; or if the appeal is specially 
allowed by the superior court or by one of the judges of the supreme court. 



126 



THE GOVERNMENT OF PENNSYLVANIA 



Filling 
vacancies. 



Salaries. 



State reporter, or his assistant, and published under the 
title of Pennsylvania Superior Court Reports. 

The superior court meets once a year in the cities of 
Philadelphia, Pittsburg, Harrisburg, Scranton, and Wil- 
liamsport, and the court may fix other places also for 
its meeting. The court has seven judges, elected in the 
same manner as judges of the supreme court for a term 
of ten years, with reeligibility. The judge holding the 
office longest is the president judge of the court. 

158. Vacancies in office. — A vacancy in the office of 
either a supreme or a superior court judge is filled by 
appointment of the governor, with approval of the Senate 
until the next election; then the office is filled for the full 
term. If it is not three months until the next election, the 
appointment extends to the second election. 

159. Salaries. — The annual salary of the chief justice of 
the supreme court is $13,500, and of the associate judges, 
$13,000. The annual salary of the president judge of the 
superior court is $ 1 2, 500, and of the associate j udges, $ 1 2,000. 

160. Summary. — The judicial power of the State is exercised through 
a system of State courts which are independent of the federal courts. 
They are the supreme court, superior court, county courts, and local 
courts. Justice is administered in them according to State law, which 
includes federal law whenever it applies to the matter before the court. 
The supreme court has seven judges, and sits in Philadelphia, Harris- 
burg, and Pittsburg. It hears and determines not far from one thousand 
cases a year; its decisions are published as Pennsylvania State Reports. 
The superior court also has seven judges. It sits in Philadelphia, Pitts- 
burg, Harrisburg, Scranton, and Williamsport. It tries nearly as many 
cases as the supreme court ; its decisions are published as Pennsylvania 
Superior Court Reports. The greater part of the business of both the 
supreme court and the superior court is appellate in nature r— that of 
reviewing cases tried in a lower court in which some error is alleged to 
have been made. Their original jurisdiction — power to try cases from 



THE JUDICIAL DEPARTMENT 1 27 

the beginning — is confined to few matters. All cases of felonious 
homicide, and civil cases involving over $1500, are appealed directly to 
the supreme court ; other cases are appealed to the superior court. In 
some instances, cases tried in the superior court may be appealed to the 
supreme court. 

QUESTIONS 

What courts belong to the judicial department of the State? Why 
are the courts that try questions of facts established in the counties and 
the local divisions? What questions chiefly come before the supreme 
and the superior court ? Who decides them? Are seven judges in each 
court better than one ? 

A is sued in the State court on claim of $1000; the next week he 
goes into bankruptcy under federal law : why do the proceedings in 
bankruptcy stop the action in the State court? 

Why is it best to have the administration of justice uniform? What 
influence have decisions in the higher courts on the decision of questions 
in the lower courts ? What will result if the lower courts do not observe 
them? 

In what does the supreme court have original jurisdiction? What 
sort of questions come to the court on appeals? If the supreme court 
should decide a case wrong, can the error be corrected? Is it likely 
to decide wrong ? Where does the court meet? What is the name 
of its reports? 

When was the superior court established? What for? What civil 
cases are reviewed by it? What criminal cases? What cases may go 
from the superior to the supreme court? 

For how long are judges in each court elected? Why is a minority 
party given opportunity to elect some of the judges ? How are vacancies 
filled? What salaries do the judges receive? 



GOVERNMENT OF THE NATION 






CHAPTER XII 

THE COLONIES BECOME A UNION OF STATES 

161. Early efforts toward a union. — As early as 1643 Efforts 
the New England colonies formed a league for purposes toward a 
of defense. This league existed, although not always uniono 

» o j colonies, 

active, until 1684; but there was no desire on the part 1643; 1754. 
of any colony to interfere with the government of any 
of the other colonies, or to disturb the common relation 
with the mother country. Again in 1754 there was an 
effort to unite. Seven of the colonies sent delegates to 
Albany to plan some method of protection against the 
French. At this meeting Benjamin Franklin offered a 
plan of union. He proposed that each of the thirteen 
colonies should choose, every three years, a number of 
representatives to attend a federal Grand Council at 
Philadelphia. The Grand Council was to have power to 
make treaties with the Indians and regulate Indian trade, 
and to legislate on all matters affecting the colonies as a 
whole. The laws passed by the Grand Council were to 
be subject to the approval of the king. In all matters not 
of general concern the colonies were to retain intact their 
individual powers of legislation. Nearly all of the dele- 
gates favored Franklin's plan ; but when they returned to 
the colonies, the plan was not adopted. The colonies 
were unwilling to set up any intercolonial authority for 
fear they might lose some of their own power. 

162. Great Britain taxes the colonies. — The right to tax 
the people had always been exercised by the assembly in 



132 THE GOVERNMENT OF THE NATION 

Great Brit- each colony in which the people of the colony were repre- 
ain taxes sented. Parliament, however, undertook to assert absolute 
i ^° omes ' British supremacy over the colonists by taxing them with- 
out their consent. The colonists regarded this as an act of 
tyranny, and resisted payment. Delegates from nine of 
the colonies were chosen to meet at New York to take 
action against this assault upon their liberties. They met 
in October, 1765, just before the Stamp Act went into 
effect. This provincial congress expressed such a strong 
opposition to the Act that Parliament repealed the law ; 
but in doing so it declared that the British government 
had the right, nevertheless, to tax the colonists. Soon 
afterward Parliament laid impost duties on certain mer- 
chandise sent to the colonies ; the duty on tea became the 
most famous. 

Resistance. 163. The colonies resist. — The next year Massachusetts 
sent a circular letter to the other colonies inviting them to 
cooperate with her in measures of resistance. This action 
made the British government very angry, and it ordered 
all the assemblies to treat the circular with contempt. As 
might have been expected, they did just the opposite; every 
colony responded favorably. Communication between the 
colonies was slow. Massachusetts had made good use of 
committees of correspondence between the towns to secure 
concerted action. Virginia suggested that the plan be 
extended to the whole country. It was done, and before 
long a general system of communication was established. 

The first 164. Massachusetts receives the first blow. — Great Brit- 

blow, 1774. a j n finally resorted to military force. The troops, on reach- 
ing Boston, met a stronger opposition than the British 
government expected. The people of Massachusetts stood 
* their ground. They were determined to fight in defense 



THE COLONIES BECOME A UNION OF STATES 1 33 

of their rights, if necessary. Men from other colonies 
hastened to Boston to assist them. Not only were British 
soldiers sent to the colony to punish Massachusetts for dar- 
ing to resist, but the colonists were made to feel the strong 
arm of British law. Parliament at once enacted laws 
closing the port of Boston, annulling the charter of the 
colony, requiring the trial in England of persons charged 
with murder, permitting the quartering of British soldiers 
in any town in the colony, and making such changes in the 
boundary of Canada that territory claimed by Massachu- 
setts, Connecticut, New York, and Virginia was taken with- 
out regard for the rights of these colonies. 

165. The colonies unite for defense. — No sooner had The colonies 
Parliament taken away the charter of Massachusetts and umte * 
closed the port of Boston, than all the other colonies saw 

that the time for action had arrived, if they were to save 
their liberties. What the British government had done 
with Massachusetts, it might do with them. The liberty 
of every colony was now in jeopardy. The colony of New 
York suggested that a congress be called to consider 
the matter. Acting on this suggestion,. Virginia invited 
Massachusetts to appoint a time and place for such a meet- 
ing of delegates. By a little strategy Samuel Adams got 
the assembly of Massachusetts to pass a resolution appoint- 
ing delegates to this meeting. The resolution was passed, 
June 17, 1774, and the congress was to meet at Philadel- 
phia in September. During the summer all the other 
colonies, except Georgia, chose delegates ; Georgia agreed 
to support whatever action was taken. 

166. Meeting of the first Continental Congress. — The First Con- 
delegates met at Philadelphia, September 5, 1774. They ^ nt ^ 
remained in session until October 26, and during this time I774# 



134 



THE GOVERNMENT OF THE NATION 



Colonial 

army 

organized, 

*775- 



they agreed upon a declaration of rights in which they in- 
sisted that the free and exclusive power of legislation be- 
longed to the provincial assemblies, and that the right of 
legislation on questions of taxation and internal affairs 
rested with them alone. Addresses were also prepared to 
be sent to the king and to the people of Great Britain. 
The tenth of the following May was fixed as the .time for 
the meeting of the second Continental Congress. 

167. Colonial forces organize. — The British troops were 
in Boston and war had begun when the Continental Con- 
gress met the second time. The colonial forces which 
had gathered about Boston were adopted in the name of 
the United Colonies as the Continental Army, and George 
Washington was chosen commander-in-chief. His appoint- 
ment was made on June 15, 1775, on the motion of John 
Adams of Massachusetts. The selection of Washington 
to lead the Continental Army brought Virginia into close 
relation with Massachusetts, and did much in forming a 
union of the colonies to make their efforts successful. 
Steps were also taken to provide means with which to 
carry on the war. 

168. The colonies declare their independence. — The 

of independ- Continental Congress met again in May, 1776. This ses- 

ence, 1776. ... ° \ -, . 

sion is the most famous. A recommendation was at once 
made to the colonies to organize for themselves govern- 
ments sufficient to conduct their affairs (§109). Still more 
important was the action taken to prepare the way for a 
central government. On the 7th of June, Richard Henry 
Lee of Virginia offered a resolution that the United Colo- 
nies should be free and independent States. This resolution 
was seconded by John Adams of Massachusetts. It was 
discussed for several days, and then postponed till the 



Declaration 



THE COLONIES BECOME A UNION OF STATES 1 35 

first of July for final action. The resolution passed on the 
second of July, and its principles were embodied in a formal 
declaration, which was adopted on the fourth of July, giving 
to the world the famous Declaration of Independence. 
This Declaration was read to the people four days later 
(§109) as a proclamation to the world that a new nation had 
asserted its existence in America. 

169. The new States adopt Articles of Confederation. — Articles of 
A committee was also appointed by this Congress to draft Confedera- 
a written constitution for the United States. The Articles 

of Confederation were framed and presented to the Con- 
gress at its next meeting. They were adopted on Sep- 
tember 15, 1777. Their ratification by all of the States, as 
required, did not occur until March 1, 1781, at which time 
the Articles went into effect. Cornwallis surrendered the 
same year ; and the treaty of peace was signed at Paris, 
September 3, 1783. Independence had been declared, 
fought for, and won. 

170. The new federal government. — The great work The need of 
of uniting the several States into a successful federal sys- a stron g 

central 

tern was yet to be accomplished. The interests of war could g 0vernment . 
no longer be relied on to hold the people together; they 
must now unite in time of peace for the common good. 
Local interests prevented this union at first. The Articles 
of Confederation did not give the general government 
power to maintain a government. The people were op- 
posed to creating a central government with power over 
the States. A few years, however, convinced them that 
the safety and welfare of the States demanded a national 
government with power enough to maintain itself. Out 
of this condition came the organization of our federal 
government. This central government acts directly upon 



136 



THE GOVERNMENT OF THE NATION 



its citizens, as does State government, and has the powers 
of a nation in the general affairs of the people and in 
foreign relations. Yet it leaves the States in the regulation 
of their local affairs as supreme as if they were not parts 
of the Union. 



Constitu- 
tional 

convention, 
1787. 



171. The present Constitution made. — The delegates to 
the convention, which met in Philadelphia, May 14, 1787, 
were instructed to revise the Articles of Confederation, 
and submit to Congress the changes which they thought 
it necessary to make. They found, however, that an en- 
tirely new constitution must be made ; the foundations 
were not well laid in the Articles. Of the illustrious men 
who composed the convention, one had been superintendent 
of finance, two had presided over Congress, one had been 
sent to England several times on important missions and 
had been minister to France, and Benjamin Franklin, then 
almost eighty-two years of age, had taken part in all the 
efforts to form a united government, from the time the 
Albany plan of union was presented by him thirty-three 
years before ( § 1 6 1 ) to the crowning event now soon to occur. 
George Washington was president of the convention. The 
delegates followed the spirit of their instructions rather 
than the letter, and acting by the supreme authority of the 
people whom they represented, they discarded the Articles 
and made a new constitution. In drafting the Constitution, 
they drew for their material on a long line of English pre- 
cedent, but incorporated no principle that had not stood the 
test of fitness and serviceability under American conditions. 
They employed every safeguard to liberty that history 
had produced. There were fifty-five delegates in all, and 
thirty-nine of them joined in signing the Constitution, 
which was completed, September 17, 1787. 



THE COLONIES BECOME A UNION OF STATES I 37 

172. The Constitution ratified. — As soon as the Con- Constitution 
stitution was completed, it was sent by the convention to ratlfiec1 > 
Congress. It was passed by Congress without change to 

the several State assemblies, and by them submitted un- 
altered to conventions of delegates chosen by the people 
for the purpose of considering its ratification. Delaware 
was the first State to ratify it, December 7, 1787, and New 
Hampshire was the ninth. This was the number required 
to put it into force. New Hampshire gave the Con- 
stitution its ratification, June 21, 1788, at which time the 
national government under the Constitution became au- 
thorized. 

Congress fixed the first Wednesday in January for the First Presi- 
election of presidential electors, and the first Wednesday dent in - 
in February for the meeting of the electors to choose a ^fo™ e ' 
President. The date for the inauguration of the President, 
and the beginning of the new government, was set for the 
first Wednesday in March. This happened to be the fourth 
of March, the anniversary of the day on which Penn re- 
ceived his grant from Charles II, and of the day on which 
the government of Pennsylvania as a State was organized. 
The inauguration of the President has continued to be on 
this date. Owing to delay in the assembling of the new 
Congress, however, Washington was not inaugurated and 
the government under the Constitution instituted, until 
April 30, 1789. 

173. Amendments made. — A number of the States gave Amend- 
their consent to the Constitution with the understanding ments t0 tne 

Constitution, 

that, as soon as the government went into operation, I7 g 9< 
amendments to the Constitution should be adopted which 
would safeguard the rights of individuals and the States. 
Congress proposed twelve amendments, September 15, 



138 



THE GOVERNMENT OF THE NATION 



Eleventh 
and twelfth 
amend- 
ments, 
1798; 1804. 



Thirteenth, 
fourteenth, 
and fifteenth 
amend- 
ments, 
1865; 1868; 
1869. 



1789 ; and the States accepted ten of them. These amend- 
ments pertain chiefly to the rights of the people. 

Five amendments have since been added. The first of 
these grew out of a decision of the Supreme Court of the 
United States, in 1793, in which it was held that the court 
had power to try a case in which a citizen of South Carolina 
sued the State of Georgia for recovery of debt. Georgia 
felt that her dignity as a State had been offended. As an 
outcome of the affair, the eleventh amendment was adopted, 
which declares that the judicial power of the United 
States does not extend to suits brought against a State 
by a citizen of another State or by a citizen of a foreign 
country. A State usually makes provision for the adjust- 
ment of such matters in the courts of the State. The 
twelfth amendment was adopted to provide a better way 
of electing the President and the Vice-President, the ne- 
cessity of which was made plain at the first election of 
Jefferson to the presidency. 

The last three amendments resulted from the Civil 
War. The thirteenth and fourteenth forbid slavery in 
the United States and in any place subject to its control, 
and extend equal privileges to all citizens of the United 
States. It is provided that representation in Congress 
shall be reduced in any State that denies the right to vote 
to any of its male inhabitants twenty-one years of age who 
are citizens of the United States. The fifteenth amendment 
eliminates race, color, and previous condition of servitude 
from the things that may disqualify a man as a voter. 



174. Summary. — Great Britain claimed the right to tax her colonies 
by act of Parliament. The colonists insisted that this right belonged 
to the people of the colonies, and that the assemblies of the colonies 
alone could tax them. The British government declared that Parlia- 
ment could legally do so. The dispute led to war, and the colonies 



THE COLONIES BECOME A UNION OF STATES 1 39 

won. In the contest, the colonies broke away from England, and be- 
came separate States. They immediately joined themselves together, 
first in a league of States, then more effectually in a federal Union. The 
power of the federal government extends only to those things that affect 
all the people and to affairs between the Union and other nations. 
All the other powers of government remain with the people in their 
State governments. 

QUESTIONS 

What was the first instance of the American colonies uniting for 
defense ? Give the principal features of Franklin's Albany plan of union. 
How was the right of taxation exercised in the colonies ? What did 
Parliament attempt to do? With what opposition did the British 
government meet? What use was made of committees of correspon- 
dence? 

Where did Great Britain strike the first blow? What did the other 
colonies do? What legal steps did the British government take to 
punish Massachusetts? What was the result of this action in America? 
Tell all you can of the meeting of the first Continental Congress. How 
far along was the military contest when the Continental Congress met the 
second time? What was done at the second session? 

Describe fully the steps leading to the Declaration of Independence. 
Who drew up the formal Declaration ? What steps were taken to form 
a government? What can you say of the government under the Articles 
of Confederation ? What did the people soon learn that the general 
government must be? What steps were taken to make a new Consti- 
tution? How was it ratified? When did the national government 
under the Constitution begin? What amendments were later made 
to the Constitution? 



CHAPTER XIII 



THE NATIONAL GOVERNMENT 



Steps by 
which the 
nation 
developed. 



175. The rise of national power. — The colonists had 
the right to have a voice in their own government. The 
denial and the transgression of this right by the British 
government (§ 162) aroused the colonists to a knowledge 
of their power. The first important manifestation of the 
power was the meeting of the delegates from nine of the 
colonies in New York in 1765. Separate government 
was not attempted, only a protest against English tyranny 
being made; but this meeting was the first step toward an 
independent government. The meetings of the Continen- 
tal Congress in Philadelphia followed, and these meetings 
rapidly developed a government able to carry on the war 
with England. The success of this war gave to the world 
a new nation, and this new nation advanced a step farther 
by organizing a government under the Articles of Confed- 
eration. Still another step had to be taken before the na- 
tion formed a government able to maintain itself and to 
answer the requirements of national life. This advance- 
ment was made when the people of the States accepted 
the Constitution of the United States. 



Nature of 
the govern- 
ment of 
State and 
nation. 



176. The nature of the national government. — The peo- 
ple retained their States, and kept for them the control of 
the great body of local and domestic affairs. To the na- 
tion they gave control over national and international mat- 

140 



THE NATIONAL GOVERNMENT 141 

ters. The State and the nation, each acting within its The State 
own sphere, administer the entire government of the peo- and the 
pie. There is but one whole government; part is State 
and part is national. The relation of the people to each 
part is the same. The citizen of any State may reach out 
one hand and touch the State, and reach out the other 
and touch the nation. He does not have to reach through 
the State to touch the national government. He may go 
directly to the State, or to the nation, to protect his civil 
rights, — to the courts of his State, if the matter com- 
plained of comes within the part of the government 
conducted by the State, or to the courts of the general 
government, if it is subject to federal control. No person 
is so high in position, and no interest so great in power, 
that the citizen may not be sure of protection of his rights. 
All the people constitute the nation; the people living 
in a State compose the State. Each State regulates the 
social and the legal relations of its people, and is less than 
national in its character. The nation has authority over 
the general affairs of all the people, and is distinctively 
national in its relation to the other countries of the world. 



& 



government 



177. Its extent. — The national government extends, on Extent of 
the one hand, to all matters within the States that have to the natlonal 
do with the collective interests of the people ; and, on the 
other hand, to all matters of government between nations. 
Its regulations within the State touch the people of the 
State as closely as do the laws of the State itself. Fed- 
eral officers who enforce federal laws reside within the 
State, and the territory over which they have authority 
is the same as that of the officers of the State. A mar- 
shal is in federal law very nearly what a sheriff is in State 
law. He may arrest a person for any offense against fed- 



142 



THE GOVERNMENT OF THE NATION 



eral law, and take him before a commissioner (a federal 
officer with about the same powers as a justice of the 
peace), who may hear the evidence and hold the accused 
for trial in a higher federal court ; in the same way a charge 
is investigated before sending a case to the State court. 
The State and the nation work together in such perfect 
accord that, if no commissioner is near, a justice of the peace 
may act, and the accused be held for trial. Not only in cases 
where federal law is broken, but in the execution of all other 
civil and military affairs of the nation, federal officers 
have jurisdiction in all parts of the State. Postmasters, 
post carriers, revenue collectors, custom officers, pension 
agents, weather forecasters, and other federal officers re- 
side and perform their duties among the people of the 
State. No line is drawn dividing the territory of the two 
jurisdictions ; they extend over the same land and affect 
the same people. 



Special 
powers 
given to the 
national 
government. 



178. The distinguishing features. — There are certain 
powers given by the people to the national government 
which clearly distinguish it from State government. 
Chief among them are the powers to control the mone- 
tary system of the country, to maintain post-offices and 
post-roads, to grant patents and copyrights, to punish 
crimes committed on the high seas or against the law of 
nations, to shape the foreign relations of the country, to 
declare war and control the military forces of the nation, 
and to regulate commerce both with foreign countries and 
among the States. These powers may be exercised only 
by the nation. Other powers are shared by State and 
nation. The nation has the important power to lay and 
collect taxes, duties, imposts, and excises for the support 
of the national government, and also to borrow money on 



THE NATIONAL GOVERNMENT 1 43 

the credit of the United States. But the States also have 
the right to borrow money, and to raise money by taxation. 
The nation has the power to establish uniform rules of 
naturalization, and uniform laws concerning bankruptcy; 
but if Congress does not make laws governing these mat- 
ters, the States may enact laws for themselves concerning 
them. 

179. How the powers are vested. — All of the powers of The powers 
the nation are vested, by the Constitution of the United are vested 
States, in Congress, the President, and the Supreme Court departments. 
and such other courts as Congress may establish. This 
separation of the powers creates the three departments, — 

the legislative, the executive, and the judicial. Each de- 
partment is both independent and coordinate. It does 
not have to rely upon any other department for its au- 
thority to act ; it is free to administer the affairs of gov- 
ernment, within its scope, without interference ; and it is 
responsible to the people for the part it takes in the gov- 
ernment. By giving to each department a part of the 
government to perform, and requiring it to limit its ac- 
tion to that work, the people are protected from the gov- 
ernment ; no part of it can usurp authority not belonging 
to it. Thus we have a government of laws, and not of 
men. The laws are so completely within control of the 
people that they may be invoked by any citizen, no matter 
how humble he may be. 

180. Summary. — The people have all the authority of government 
and they created the national government and control it. It is only one 
part of their whole government ; State government is the other part. 
The national government pertains to national and international affairs ; 
the State directs all the home affairs and ordinary legal relations. All 
the people are in touch with their whole government, — directly with the 
State government which is everywhere about them, and also directly 



144 THE GOVERNMENT OF THE NATION 

with the national government which comes freely into the State, either 
through its own officers or by use of the State officers. Both the na- 
tional government and the State government extend over the same land 
and affect the same people, and taken together constitute the whole 
government of the people. 

QUESTIONS 

What power did the Continental Congresses develop? How was it 
employed? What did it accomplish? Compare the power of govern- 
ment expressed in the Articles of Confederation with that expressed in 
the Constitution of the United States. 

What part of the government is conducted by the State ; what part 
by the nation? If the people are sovereign, and they give part of the 
power of government to the State, and part to the nation, how far is 
each sovereign? What is the relation of the people to their whole 
government, direct or indirect? What is the benefit of this relation? 
Do the people rule? Give some reasons why the people sometimes rule 
badly. Can the people correct such evils ? 

Name as many as you can of the affairs of government conducted by 
the nation. Name as many as you can that are conducted by the State. 
What are some of the powers that belong solely to the general govern- 
ment? In the naturalization of foreigners, what law (§ 56) does the 
State court follow? 

What great body of organic laws shows what powers of government 
are given the nation? In whom are they vested? What are some of 
the advantages of separating the powers of government? Can any citi- 
zen call upon the law to protect him in his rights ? 



CHAPTER XIV 

THE LEGISLATIVE DEPARTMENT 

181. Congress. — The Congress of the United States Congress: 
is the law-making branch of the federal government. It is its composi- 
composed of two houses, the Senate and the House of t ^ ar 
Representatives. The senators are chosen by the legisla- 
tures of the States, two from each State ; and the represen- 
tatives are elected by the people, the number being fixed by 
federal law. The term of each Congress is two years. The 
fourth of March, every second year, is the day on which 
the old Congress expires and the new Congress begins. 
This date was fixed for the meeting of the first Congress 
(§ 172), and the time has never been changed. Congress 
meets at Washington, the seat of the national government. 

Each Congress has two sessions. They both begin on The sessions 
the first Monday in December. One is the long session, of Congress, 
and the other the short session. The long session occurs 
in the odd year, and is the first annual session of each 
Congress. It is called the long session for the reason that 
it continues until Congress is adjourned by vote of the 
members. The short session is scheduled to close on the 
third of March, but in fact it is usually noon on the fourth, 
after an all-night session, before the business is completed. 
The daily sessions of both houses begin at noon, and 
generally continue four or five hours ; but toward the 
end of the annual session the work often extends late into 
the night. 



146 



THE GOVERNMENT OF THE NATION 



Open and 
closed 



Members 
are exempt 
from inter- 
ference. 



Rules of the 
Senate and 
the House. 



182. Open sessions. — The sessions are now generally 
open, and the public have access to the galleries. The 
sessions of the House have always been open, but for a 
time the Senate held its sessions behind closed doors. 
Near the end of the Third Congress the Senate passed a 
resolution that after that annual session the galleries 
should be open during legislative sittings of the Senate, 
unless otherwise ordered. Business in either house is 
transacted in secret session when public interests require 
it. The doors of the Senate are closed when executive 
nominations and treaties are under consideration ; and 
of the House, whenever confidential communications are 
received from the President or the speaker, or when any 
member offers a communication which ought for a time 
to be kept secret. 

183. Privilege of members. — To prevent interference 
with legislation and enable Congress to perform its work 
with the aid of all its members, the members of both houses 
are privileged from arrest during their attendance and in 
going to and from the sessions, except in cases of treason, 
felony, and breach of the peace. The members may 
not be questioned for any speech or debate in either house 
in any other place than in the house where the speech is 
made. Thus are the members exempt from the will of 
others in the performance of their duties as representa- 
tives of the people. 

184. Rules applying to both houses. — Each house is 
judge of the election and qualifications of its members ; 
chooses its own officers ; makes its own rules ; and keeps 
a journal of its proceedings, which it publishes, except 
such parts as for reasons of public policy require secrecy. 
The rules of the House are adopted for each Congress ; 



THE LEGISLATIVE DEPARTMENT 1 47 

but the rules of the Senate remain in force from one 
Congress to another, subject, however, to such changes as 
the Senate may make. A majority of each house consti- 
tutes a quorum for the transaction of general business. 
In the Senate, only the members who vote on the question 
are counted to make a quorum. This was the rule in the 
House until the Fifty-first Congress, when members pres- 
ent but not voting were counted by Speaker Reed to 
make a quorum ; since then all the members present in 
the House have been counted. Representatives draw 
their seats by lot. The seats in the Senate are assigned 
to members who express a preference for them ; a vacant 
seat, or one about to become vacant, goes to the senator 
who first chooses it, and he may retain it as long as he is 
a member of the Senate. 

185. Compensation of members. — The salaries of sena- Salaries, 
tors and representatives are $7500 a year, with $125 for 
stationery, and twenty cents a mile for travel to and from 

each session. The presiding officers get $12,000 a year. 

The House of Representatives 

186. The membership of the House. — The several mem- Representa- 
bers of the federal House of Representatives are elected tivesrelec- 
in each State by the voters who are qualified (§ 26) to choose ^io^ * 
members of the State legislature. The States divide their term, 
territory into congressional districts. The districts are 

formed so that they will include as many people as the 
federal law says shall be entitled to one representative in 
Congress. This ratio of representation is based on the 
population shown by each census. Under the censusof 1910 
the ratio is one representative to every 212,407 inhabitants. 
After March 3, 191 3, the House of Representatives will 



148 



THE GOVERNMENT OF THE NATION 



Qualifica- 
tions and 
term. 



Filling 
vacancies. 



Organiza- 
tion of the 
House. 



consist of 435 members. No State, however few its in- 
habitants, is without one member in the House ; and if a 
State fails to establish a sufficient number of districts to 
make its full number of representatives, the additional 
representatives are elected by vote of the State as a whole. 
A representative must have been a citizen of the United 
States seven years, at least twenty-five years of age, and an 
inhabitant of the State from which he is elected. It is not 
required that he reside in the district he represents, the 
English rule being followed in this respect ; any qualified 
citizen may be chosen to represent any district in the State. 
The House of Representatives is elected anew every two 
years. Some members are reelected several times, but all 
must submit to a vote of the people every two years. 

187. A vacancy in the House. — When there is a vacancy 
in the House, the governor of the State deprived of its 
full representation issues a writ of election to fill the va- 
cancy. The election is held at the time of the next 
general election, unless Congress convenes before that date. 
In that case, a special election is held. 

188. Organization of the House. — The clerk of the last 
preceding House makes up a roll of the representatives 
from the lists sent by the governors of the States after 
the election. On the fourth of March the members-elect 
assemble in the hall of the House of Representatives, and 
the clerk calls the roll. If a quorum is present, he an- 
nounces the fact, and states that the first business in 
order is the election of a speaker. Nominations for 
speaker are made, and the clerk appoints tellers from the 
members, under whose supervision the vote is taken and 
the result announced. The member elected speaker imme- 
diately takes the oath of office, which is usually adminis- 



THE LEGISLATIVE DEPARTMENT 1 49 

tered by the " Father of the House," the member who has 
had the longest continuous service in the House. The 
speaker then administers the oath of office to the mem- 
bers. The other principal officers are elected, committees 
appointed, and rules adopted. Besides the speaker, the 
House has a clerk, sergeant-at-arms, doorkeeper, postmaster 
and chaplain. These officers are elected by the members, 
but are not chosen from the members. 

189. The speaker. — The speaker is the presiding officer The speaker, 
in the House. His office is one of dignity and impor- 
tance. In a body as large as the House of Representatives 
most of the business must be transacted through commit- 
tees ; the whole House does little more than register by its 
votes the conclusions which the committees submit. Only 
a few subjects, such as taxation and appropriations, receive 
full discussion by the House at large. The speaker ap- 
points the committees, and therefore has great influence in 
shaping legislation. He always represents the majority, 
and he must act in a way to keep the majority with him, 
for he is chosen by the House and may be deposed. 

A member of the House is not permitted to speak 
until he has been recognized by the presiding officer, 
and when two or more rise at the same time, the 
speaker names the member who is to proceed. It is not 
thought impertinent for the speaker to inquire what a 
member desires to call up before recognizing him. This 
ancient and necessary rule prevents the confusion that 
would result if any member could call up anything when 
he desired. The restraint is self-imposed, as the mem- 
bers adopt the rules. Being a member of the House, the 
speaker may vote on all questions ; but he is not required 
to vote, except when the vote is by ballot and all members 



i5o 



THE GOVERNMENT OF THE NATION 



Legislative 
duties of the 
House. 



Impeach- 
ment. 



must vote, and when his vote is necessary to decide the 
question. He may also address the House. 

190. Duties of the House. — The legislative duties of 
the House are performed in cooperation with the Senate. 
When a bill is passed by one house, it must also be passed 
by the other before it is sent to the President for his ap- 
proval. The Constitution provides that bills for raising 
revenue must originate in the House, it being nearest to 
the people ; but the Senate may propose or concur in 
amendments, as in other bills. Bills for the disburse- 
ment of public money also always originate in the House, 
although there is nothing in law requiring this. 

The sole power of impeachment of federal officers is 
given the House. The persons liable to impeachment are 
the President, Vice-President, and all other civil officers 
of the United States. When a majority of the representa- 
tives believe that an officer of the government has been 
guilty of serious offense and should be removed from 
office, a statement of the charges is drawn up. A com- 
mittee is appointed to impeach the person before the 
Senate and ask the Senate that he be required to appear 
and answer the impeachment. The House then prepares 
the articles of impeachment, and appoints a committee to 
prosecute the impeachment (§ 195) before the Senate. It 
remains for the Senate to conduct the trial and decide as 
to the impeached officer's guilt or innocence. 



Senators : 
term, elec- 
tion, quali- 
fications. 



The Senate 

191. Membership and organization. — The members of 
the Senate of the United States are elected for a term of 
six years. There are, as we have already noted, two from 
each State, chosen by the legislatures. In Pennsylvania 



THE LEGISLATIVE DEPARTMENT 151 

the election occurs on the second Tuesday after the legis- 
lature organizes. At least two days before the election 
each house nominates a person for senator, and informs 
the other house of the nomination. The houses then vote 
separately, and if they choose the same person by a major- 
ity of the votes cast in each house, he is elected ; but if 
not, the two houses meet daily thereafter in joint assembly 
and vote for a senator until some person is elected. To be 
eligible to the office of senator a qualified voter must have 
been a citizen of the United States nine years, and must 
be at least thirty years of age, and an inhabitant of the 
State he represents. 

The organization of the Senate is continuous. When Oganiza- 
a new Congress assembles, the presiding officer calls the tlon of the 

Senate. 

Senate to order, and the officers and clerks assume their 
duties. The new members (whose certificates of election 
from the governors of their respective States have been 
presented to the Senate by their colleagues) are escorted 
to the desk, and the oath of office is administered by the 
president of the Senate. If the Vice-President is not 
present (§ 204) when the Senate assembles, the secretary, 
or in his absence the chief clerk, presides till one of the 
members is elected president pro tempore. The secretary, 
sergeant-at-arms, chaplain, postmaster, librarian, and door- 
keeper are chosen officers of the Senate by the members, 
but they are not elected from the members. 

192. A vacancy in the Senate. — A vacancy in the Filling 
Senate is filled for the unexpired term. If the vacancy vacancies - 
occurs during a recess in the State legislature, the position 
is filled by appointment of the governor until the legisla- 
ture meets, at which time the vacancy must be filled by 
action of the legislature. If the legislature refuses or fails 



152 



THE GOVERNMENT OF THE NATION 



Committees 
of the 

Senate. 



Presiding 
officer. 



to fill the vacancy, the appointee of the governor is not 
entitled to a seat, for the authority of the governor in 
filling such vacancy is limited to the time during which 
the legislature is not able to act. 

193. Committees of the Senate. — The standing com- 
mittees of the Senate are chosen by action of the body. 
The party in majority arranges an assignment of the 
senators of that party on the committees, taking, of course 
a majority of each committee and the chairmanship. The 
party ^minority assigns the senators of that party to their 
committee places. After the senators are thus assigned, 
a resolution of the Senate appoints the committees. 

194. President of the Senate. — There is a wide differ- 
ence between the powers and influence of the president of 
the Senate (who is the Vice-President) and the speaker of 
the House. The president of the Senate has no control 
in directing the order of business in the Senate, and has 
no vote unless the votes of the senators are equally di- 
vided. He may not speak upon a question, for the reason 
that he is not a senator. The Constitution makes him the 
presiding officer; he is not chosen by the members, and 
may not represent the majority of the body. Out of 
respect to him, the powers of the president pro tempore 
as presiding officer, although he is a member of the Senate, 
cannot be made greater than the powers of the permanent 
president. In presiding over the business conducted on 
the floor of the Senate, he has no right to inquire what a 
senator desires to call up before recognizing him. This 
leadership of the body remains with the senators them- 
selves ; they have not delegated it to the presiding officer. 
The House may limit debate ; but the Senate has never 
adopted the rule by which debate may be limited and a 



THE LEGISLATIVE DEPARTMENT 1 53 

question brought to a vote. It has always conducted its 
business without this rule, although at times there seems 
to be need of such regulation. 

195. Duties of the Senate. — The duties of the Senate are Duties of 
legislative, judicial, and executive in their nature. Its the Senate 
executive duties consist in approving or disapproving the 
President's nominations of federal officers, including fede- 
ral judges, ambassadors, ministers, and consuls; and also in 
approving or disapproving of treaties. This action can be 

taken only when two thirds of the senators present agree. 

The Senate acts judicially when it sits as a court for impeach- 
the trial of impeachments *(§ 190). If the President of the ments * 
United States is on trial, the chief justice of the Supreme 
Court must preside in place of the Vice-President. A con- 
viction requires a two-thirds vote, and it removes the person 
from the office he is holding. The Senate cannot change 
the penalty, and the convict cannot be pardoned. The 
impeached officer is still liable to be indicted and tried in 
the courts. 

The greater part of the duties of the Senate are of a 
legislative nature. All the federal laws must pass the 
Senate. The body is not so large but that each Senator can 
take part in the consideration of bills, and all important 
measures brought before the Senate are duly considered 
in the general debate by the members. 

How the Laws are Made 

196. Legislative measures in Congress. — The usual way Procedure 
in which a bill becomes a law is by passing both houses of of a bin in 

Congress. 

1 There have been only eight cases of impeachment in the history of the 
United States, and only twice have the impeached officials been convicted. 
The most famous impeachment was that of President Johnson in 1868. 



154 



THE GOVERNMENT OF THE NATION 



How the 
laws are 
made. 



Disagree- 
ment on a 
bill. 



The Presi- 
dent's signa- 
ture or veto. 



Congress and receiving the President's signature. When 
a bill is offered in the Senate, it is carried by a page 
to the clerk's desk ; the title is read, and the clerk refers 
it to the appropriate committee. In the House, bills 
of a private nature, to save time, are delivered to the clerk 
indorsed with the name of the member and the committee 
to which reference is desired. Other bills are delivered to 
the speaker and by him referred to the appropriate com- 
mittees. The committees in charge of bills meet in com- 
mittee rooms, debate, investigate, and very often hear 
outside persons on the subject-matter of the bills, and in 
due time report on them. The bills are numbered and 
printed, and copies are laid on the desks of the members. 
Each bill is considered separately and is voted on, in turn, 
by each house. 

If the two houses are unable to agree on the passage of 
a bill, a committee of conference may be requested. Such 
committees consist usually of three members from each 
house. After considering the matters referred to them, 
they report their agreement or disagreement to their re- 
spective houses, and take the orders of those bodies until 
an agreement is reached or a final failure to 'agree is dis- 
closed. A bill may continue in its course from one annual 
session of a Congress to another ; but if it is not passed by 
both houses during the two sessions, it fails at the end of 
the Congress. It must be introduced anew if its further 
consideration is desired. 

The President has ten days, not counting Sundays, in 
which to examine a bill before signing it. He usually sends 
the bill to the department to which the subject-matter be- 
longs for examination by the secretary, who reports to the 
President any objections to the bill that may occur to him. 
As to the frame of the bill and any constitutional questions 



THE LEGISLATIVE DEPARTMENT 1 55 

that may be involved, the attorney general is consulted. 
If the President returns the bill to the house which first 
passed it with a statement of his reasons for not signing 
it, the bill is vetoed. In order to become a law it must 
then pass both houses by a two-thirds vote. If the Presi- 
dent keeps the bill longer than the time allowed him to ex- 
amine it, it becomes a law without his signature, unless its 
return was prevented by the adjournment of Congress. 

Bills and resolutions after they pass Congress and receive 
the President's signature, or otherwise become laws, are 
immediately delivered to the secretary of state. He de- 
posits them among the archives of the department after 
he has copies of them printed by the public printer. 

197. Summary. — Congress makes the laws of the federal government. 
It consists of two houses, — the Senate and the House of Represen- 
tatives. The representatives are elected biennially by the citizens of the 
States who are qualified to choose members of their State legislatures ; 
the senators are elected by the State legislatures. They are chosen for 
a term of six years, one third of the number being elected every two 
years. All bills must pass both houses of Congress and receive the 
President's approval, or be passed over his veto by a two-thirds vote of 
both houses, to become laws. 



QUESTIONS 

Name the two houses of Congress. Which is the larger? How many 
members has the Senate? The House of Representatives? How are 
senators elected? Who elects representatives? How are they appor- 
tioned to the States? How distributed in each State? 

When does the term of a Congress begin? How was the date fixed ? 
How many annual sessions has a Congress? When do they begin? 
When do they end? How are the sessions distinguished? When are 
the daily sessions opened? When closed? To what extent are the 
members privileged from arrest? Why? From being questioned for 
any speech or debate ? Why ? 



156 THE GOVERNMENT OF THE NATION 

In what respects are the rules of both houses alike? In what do 
they differ? What compensation do members receive? How does 
elegibility to membership in the two houses compare? How is a va- 
cancy in the House filled? How often is the House organized? How 
is it organized ? Discuss the powers and duties of the speaker. What 
are the duties of the House ? 

How are new senators sworn into office? How is a vacancy in the 
Senate filled? How are the standing committees of the Senate chosen ? 
What are the duties of the president of the Senate? How do the 
duties of the Senate compare with those of the House? Tell the steps 
in the impeachment of a federal judge. 

How does the action on a bill by the members in the two houses 
compare? What laws must be introduced into the House? Why? 
Trace the passage of a bill through Congress. 



CHAPTER XV 

THE EXECUTIVE DEPARTMENT 

The President and the Vice-President 

198. The President. — The executive power of the fed- The Presi- 
era] government is vested in the President of the United dent > the 

chief 

States. He is the head of the executive branch of the executive, 
government. Congress has created a number of executive 
departments and commissions to assist him. The Presi- 
dent appoints the heads of these departments, subject to 
the confirmation of the Senate, and they consult the Presi- 
dent on all important matters pertaining to their depart- 
ments, as he is responsible to the people for all executive 
action. 

199. Election of President and Vice-President. — The President 
President and the Vice-President are elected every four and Vlce " 

_,. -i i i r i i President : 

years. They may be reelected for a second term, but no termj quali . 
President has ever been a candidate for a third term, fixations, 
There is no law on this point, but the rule has been estab- 
lished by precedent. Early in the year in which the 
election occurs each political party fixes on a time and 
place for holding its national convention. The convention 
comprises twice as many delegates from all the States 
and Territories as Congress has members in both houses. 
These delegates adopt a platform of principles, and nomi- 
nate as candidates one person for President and one for 
Vice-President. The candidates must be natural-born citi- 

i57 



election. 



158 THE GOVERNMENT OF THE NATION 

zens of the United States, not less than thirty-five years of 
age, and fourteen years resident within the United States. 
On general election day (§25), instead of voting directly 
for the candidates, the voters in each State choose as many 
electors as their State has senators and representatives in 
Congress. The electors later choose the President and Vice- 
President. It was intended by the Constitution that the 
electors should be a body of well-informed, patriotic men 
who should act with freedom in the choice of men best 
fitted for the high offices of President and Vice-President. 
But, although the election is still conducted in the same 
manner, no change having been made in the Constitution, 
the people vote for the electors with the understanding that 
they will elect the regular party candidates, and the elec- 
tors always observe this understanding. Thus the result of 
the election is known as soon as the electors are chosen. 

Voting 200. Voting by the electors. — The electors meet in 

by electors, their respective States on the second Monday in Janu- 
ary, and vote by ballot for President and Vice-President. 
Three lists of the persons voted for, and the number of 
votes received by each, are certified to and signed by all 
of the electors, and sealed. One list is deposited with the 
federal judge of the district in which the electors meet, and 
the other two are sent by the secretary of state to the 
president of the Senate, one copy by mail and the other 
by special messenger. On the second Wednesday in 
February the lists from the several States are opened by 
the president of the Senate in the presence of the mem- 
bers of both houses of Congress, and the votes are 
counted. The candidates having the highest number of 
votes are declared elected. In case no candidate for 
President has a majority, the House of Representatives 



THE EXECUTIVE DEPARTMENT I 59 

chooses by ballot a President from the three candidates 
highest in the list ; for the Vice-President in such a case 
the Senate makes a choice from the two highest. 

201. Inauguration of the President. — Formerly the inaugu- 
President-elect received official notice of his election, but ration. 
now he simply takes notice himself, and goes to Washing- 
ton a few days before the fourth of March, at which time 
his inauguration takes place. On his arrival he calls upon 
the President, who returns the call. When it is time for 
the inaugural escort to start, he goes to the executive 
mansion and joins the President, and under the escort they 
are driven in a carriage to the Capitol. The oath of office 
required by the Constitution is administered, usually by 
the chief justice of the United States. The President then 
delivers the inaugural address, which is taken as a forecast 
of the administrative policies. These ceremonies take 
place on a platform erected just outside the Capitol, in 
the presence of a multitude of people. The President then 
returns to the executive mansion, accompanied by the ex- 
President, who at once withdraws ; and the President pro- 
ceeds to review the inaugural procession from a stand in 
front of the executive mansion. The procession is usually 
four or five hours in passing. 



succession. 



202. Presidential succession. — If for any reason the Presidential 
President is not able to serve out his term, the Vice-Presi- 
dent succeeds him in the office. In case of removal, 
death, resignation, or disability of both the President and 
the Vice-President, the office is filled during the remainder 
of the term by the members of the Cabinet in the fol- 
lowing order : secretary of state, secretary of the treasury, 
secretary of war, attorney general, postmaster general, 
secretary of the navy, and secretary of the interior. None 



i6o 



THE GOVERNMENT OF THE NATION 



President's 
duties. 



Vice- 
President's 
duties. 



Salaries. 



of these can act, however, unless he has the qualifications 
of a President. Never yet in our history have both the 
President and the Vice-President been unable to hold the 
office. Five Presidents have died in office — Harrison, 
Taylor, Lincoln, Garfield, and McKinley ; but in each 
case the succeeding Vice-President survived the term. 

203. Duties of the President. — The chief duty of the 
President is to see that the laws of the United States are 
faithfully executed. In performance of this comprehen- 
sive duty he is to act as commander-in-chief of the army 
and navy of the United States, and of the militia of the 
several States when in actual service of the United States; 
to regulate the foreign relations of the country, receiving 
foreign ministers, and making treaties, with the assent of 
two thirds of the senators present, and to appoint and com- 
mission all officers of the federal government. From time 
to time he is to give Congress information of the condi- 
tion of affairs of government, and recommend to its con- 
sideration such measures as he thinks necessary and 
expedient — which it is customary to do by message to 
each session of Congress. The President may convene 
Congress in extra session in case of urgent business. 

204. Duties of the Vice-President. — Unless there is a 
vacancy in the office of President, and the duties of that 
office devolve upon the Vice-President, his only official 
business is to preside in the Senate, administering what- 
ever rules the members adopt. 

205. Compensation of President and Vice-President. — 

The annual salary of the President is $75,000, and of 
the Vice-President, $12,000 a year. The President has 
also the use of the White House for his official residence, 
and an allowance is made by Congress for its care. 



THE EXECUTIVE DEPARTMENT l6l 



Executive Departments 

206. Subordinate executive officers. — To aid the Presi- Nine 
dent in the proper execution of all the laws, provision is execu tive 
made for the appointment of a number of subordinate ^^ s ' 
executive officers. The orderly administration of this 
branch of the government has led to its division into 
several departments. At the head of each department is 

a chief officer, the secretary of the department, under 
whom are a number of officers. In addition to the depart- 
ments, there are various boards and commissions. These 
are similar in their organization to the departments, but 
their chief officers do not have a place in the President's 
Cabinet, which is his advisory council. 

The executive departments, with the dates of their crea- 
tion by Congress, are as follows : — 

The State Department . July 27, 1789, 

The War Department August 7, 1789, 

The Treasury Department September 2, 1789. 

The Post Office Department September 22, 1789 

The Navy Department April 30, 1798, 

The Interior Department March 3, 1849, 

The Department of Justice June 22, 1870 

The Department of Agriculture February 9, 1889 

The Department of Commerce and Labor .... February 14, 1903 

207. Organization of the departments. — The heads of Organiza- 
all the departments, except the Post Office Department and tl0n of the 
the Department of Justice, are called secretaries. The men ts. 
heads of these two departments are called postmaster 
general and attorney general, respectively. Below the 
secretaries are a number of assistant secretaries. The 
departments are divided into bureaus, and the bureaus 

into divisions, and the divisions into rooms. There is a 



1 62 



THE GOVERNMENT OF THE NATION 



The 

Cabinet. 



State De- 
partment. 



chief officer over each room, division, and bureau ; and 
the responsibility is in the order of clerk to chief of di- 
vision, chief of division to his commissioner, commissioner 
to the secretary, and secretary to Congress. The President 
appoints only the secretaries, assistant secretaries, and com- 
missioners. The remaining officers are either appointed by 
the heads of the departments or are under control of Civil 
Service Commission. The power of removal goes with the 
power of appointment, which is a necessary provision in 
order that the President may fulfil his duty in the execu- 
tion of the laws. 

208. President's Cabinet. — Each department has charge 
of a part of the executive business, and in all important 
matters the President is consulted by the heads of the de- 
partments. These officials collectively are called the Presi- 
dent's Cabinet. Such matters as affect the general policy 
of the administration are discussed in cabinet meetings, 
but most questions are settled in a conference between the 
President and the head of the particular department. The 
members of the Cabinet are in political accord with the 
President; and they are responsible to him for their acts. 
The President appoints to these positions such men as 
have ability and special fitness for the duties they must 
perform. Each receives an annual salary of $12,000. 

209. The State Department. — The secretary of state acts 
as minister of foreign affairs. It is through his office that 
all the diplomatic functions of the government are exer- 
cised. The secretary has custody of the seal and the laws 
and other official documents of the United States. In con- 
ducting affairs with other governments in the name of the 
President, he may either communicate through the ambas- 
sador or minister of the foreign country at Washington, or 



THE EXECUTIVE DEPARTMENT 1 63 

he may conduct the correspondence through our repre- 
sentative at the foreign court. The highest rank given by The rank 
our laws to representatives to foreign countries, prior to of di P lo_ 
1893, was that of envoy extraordinary and minister pleni- ^ntativTs^" 
potentiary. These representatives at many courts had to 
take second place in the order of their reception for the 
transaction of business and on social occasions. In 1893 
the rank of our representatives at the courts of France, 
Germany, Great Britain, Russia, and Italy was raised to 
that of ambassador. The law provides that whenever a 
foreign government is represented in the United States by 
an ambassador or other diplomatic officer, the President 
may direct that our representatives to that country shall 
have the same designation. Mexico, Brazil, Austria-Hun- 
gary, Turkey, and Japan have been added to the list of 
countries to which our country sends ambassadors. 

Ministers are the official representatives of the gov- Four grades 
ernment in political affairs. There are four grades, — of mlnlsteis - 
ambassadors, envoys extraordinary and ministers plenipo- 
tentiary, ministers resident, and charges d'affaires. The 
United States has ministers at the courts of all the principal 
countries. Their annual salaries vary from $10,000 to 
$ 1 7, 500. Several countries provide homes for their legations 
at Washington. Our government has recently provided for 
embassy, legation, and consular buildings abroad, and now 
owns the embassy premises at Constantinople and Tokyo, 
and the legation premises at Peking, Bankok, and Tangier. 

Our consuls abroad represent the commercial interests Consuls. 
of the United States. They are located in all the important 
commercial places in the world, and are of three grades, — 
consuls general, consuls, and commercial agents. They 
are assisted by interpreters, marshals, and clerks. Their 
duties in protecting commerce and promoting trade are 



1 64 THE GOVERNMENT OF THE NATION 

numerous ; and they do much to increase commercial pros- 
perity by maintaining our friendly business relations with 
other countries. Consuls receive annual salaries ranging 
from $2000 to $12,000, and certain fees in addition to the 
fixed salary. 
Treasury 210. The Treasury Department. — The secretary of the 

Department, treasury receives the revenues of the government. The 
money is placed in strong vaults, and is paid out only on 
appropriations made by Congress. Under the secretary's 
direction the department coins the metallic money and 
conducts the printing and engraving of the paper money of 
the nation, supervises the national banks, and audits the 
accounts of the executive departments. 

National banks secure their issue of money by a deposit 
of United States bonds with the comptroller of the cur- 
rency. The bilk are printed in the Treasury Department 
at Washington, and when signed by the proper officers of 
the bank, become notes of the bank, and may be used by 
the bank like other money. The amount of notes which a 
national bank may issue does not exceed ninety per cent 
of the deposit of bonds required to be made by the bank. 
If the bank fails, its notes are still good, because the bonds 
held by the comptroller of the currency are of sufficient 
value for their redemption. 

The government makes different kinds of money. It 
always pays out the kind preferred by the person receiving 
it. In collecting the revenues there is no way by which 
the government can require any one, in the payment of any 
tax or other debt due the government, to pay any particular 
kind of money. So, if the government makes one kind of 
money better than another, or one kind that the people for 
any reason prefer, the better money will all go out of the 
vaults, and the less desirable come back into them. Then, 



THE EXECUTIVE DEPARTMENT 1 65 

the only thing the government can do is to recognize the 
difference in the money, and do business with the people 
on the basis of the cheaper money. To avoid this trouble 
it is only necessary to make all kinds of money equally 
good. 

211. The War Department. — The secretary of war has War De- 
charge of the military forces of the United States, under P artment ° 
the direction of the President. He also keeps the army 
records and the surveys of the public harbors. All the 
principal officers of the War Department, except the secre- 
tary and assistant secretary, are army officers. They have 
the rank and pay of brigadier general, and are heads of 
the various subdivisions of the department. The adjutant 
general issues the military orders of the President, and has 
charge of the army correspondence and the preservation 
of the reports. The inspector general visits and inspects 
the military posts and prisons and the Military Academy 
at West Point, and reports upon the equipment and dis- 
cipline of the troops, and the sanitary condition of the posts 
and prisons. He also examines the accounts of the of- 
ficers who pay out the money of the department, and of 
those who have control of the provisions and supplies. 
The judge advocate general receives and reviews the records 
of army courts martial, and gives the secretary opinions on 
law questions submitted to him. The quartermaster gen- 
eral has charge of providing the army supplies, except arms 
supplied by the chief of ordnance, rations supplied by the 
commissary general, and medicines supplied by the surgeon 
general. The paymaster general supervises the payment 
of the army and the Military Academy. The chief of en- 
gineers is at the head of a corps of officers whose duties 
embrace the location and construction of fortifications, 
military bridges, pontoons, and lighthouses, and the exten- 



i66 



THE GOVERNMENT OF THE NATION 



Navy De- 
partment. 



Post Office 
Depart- 
ment. 



sive improvement of rivers and harbors undertaken by 
the government. 

212. The Navy Department. — The secretary of the navy 
executes such orders as he receives from the President 
relative to the naval forces of the United States. His de- 
partment issues nautical charts for navigators and publishes 
nautical books, and has charge of the Naval Observatory 
at Washington, the Naval Academy at Annapolis, and the 
Naval War College at Newport harbor. The subdivisions 
of the department are in charge of naval officers, with the 
rank of commodore. The names of the bureaus indicate 
the division of the work. They are : Yards and Docks, 
Equipment and Recruiting, Navigation, Ordnance, Con- 
struction and Repair, Steam Engineering, Supplies and 
Accounts, and Medicine and Surgery. 

In naming the steamships of the navy, the first-class 
ships are given names of the States ; the second-class, of 
rivers and principal cities and towns ; and the third-class, 
as the President may direct. 

213. The Post Office Department. — The postmaster gen- 
eral is at the head of the Post Office Department. He 
has general supervision of everything relating to the car- 
rying of mails and the establishment of post offices and 
postal communications. He awards postal contracts, directs 
routes for mails, negotiates postal treaties, and appoints for 
a term of no specified limit the fourth-class postmasters — ■ 
those whose salaries do not exceed $250 for any quarter. 
The first-, second-, and third-class postmasters are appointed 
by the President; they receive fixed salaries. Their ap- 
pointment is usually upon the recommendation of the con- 
gressman of the district in which the post office is located. 
The position of postmaster is thus made a political office. 



THE EXECUTIVE DEPARTMENT 1 67 

There are four assistant postmaster generals, and to 
each of them is assigned the supervision of specified 
divisions of the department. These assignments are not 
permanent ; they depend upon the discretion of the post- 
master general, and are frequently modified. The divi- 
sions indicate the scope of the work. They are : the Divi- 
sion of Supplies, Free Delivery, Salaries and Allowances, 
Correspondence, Money Order System, Dead Letter Office, 
Contracts, Railway Adjustment, Inspection, Mail Equip- 
ment, Railway Mail Service, Foreign Mails, Finance, Post- 
age Stamps, Registered Letters, Files, etc., Mail Classifica- 
tion, Appointment, Bonds and Commissions, and Post Office 
Inspectors and Mail Depredations. 

All of the important countries and many of the minor 
ones are members of the Universal Postal Union. The 
purpose of this Union is to maintain a uniform rate of 
postage that can be prepaid to any destination within the 
Postal Union. 

214. The Interior Department. — To the care of the In- interior 
terior Department is committed the home affairs of the De P art - 
United States, such as the management of the public 
lands, the dealing with the Indians, the paying of pen- 
sions, the issuing and recording of patents, the educa- 
tional interests of the nation, the scientific investigations 
of the government, and the supervision of the Territories, 
national parks, and public property. 

The pension relief of the government is extended to vet- Pensions, 
erans of our wars, and to widows and orphans of deceased 
soldiers and sailors. It is given them upon the principle 
that in cases where life, or health and strength, have been 
dedicated to the defense of the nation, it is no more than just 
that the nation should extend some relief in time of need. 



1 68 THE GOVERNMENT OF THE NATION 

However subject the pension laws are to abuse, it is 
commendable for the country to render some aid in the 
worthy cases of soldiers and sailors who fought the coun- 
try's battles. 
Patents. Patents are granted to persons who have invented or dis- 

covered any new and useful art, machine, manufacture, or 
composition of matter. Patents are granted also for use- 
ful improvements in any of these things. The discovery 
or improvement, to be patentable, must not be one that is 
known or used by others in this country, or that has been 
patented before, or that has been described in any publi- 
cation in any country, or that has been in public use or on 
sale for more than two years. A patent secures to the 
patentee, the exclusive use of the thing patented for a 
period of seventeen years. 

Depart- 215. The Department of Justice. — The attorney general 

ment of j s th e chief officer of the Department of Justice. His 
attorney duties are : to give advice and opinion upon questions 
general. of law, when asked by the President or by the head of 
any department; to examine titles to lands about to be 
purchased as sites for public buildings ; and to conduct 
and argue all cases in the Supreme Court in which the 
United States is interested. He exercises a supervision 
over the United States district attorneys and marshals, 
and examines and reports to the President on all appli- 
cations for pardon. The general organization of the de- 
partment includes a solicitor general, who is next to the 
attorney general, an increasing number of assistant attor- 
neys general and assistant attorneys, and solicitors in the 
other executive departments. 

Many important law questions come up in this depart- 
ment, such as involve large sums of money and affect the 



THE EXECUTIVE DEPARTMENT 1 69 

industrial and financial welfare of the country. The dis- 
covery and collection of evidence for the government, and 
the presentation of its cases, demand laborious, intelligent, 
and conscientious services. This work of the department 
is already very large, and is constantly increasing. 

216. The Department of Agriculture. — The chief busi- Department 
ness of the Department of Agriculture is to acquire and of A s ri_ 
diffuse among the people useful information on subjects 
connected with agriculture. The department inspects 

and certifies meats intended for export, when the coun- 
try to which the meats are sent demands it, or when the ex- 
porter requests it. It inspects and quarantines live animals 
imported, with power to destroy any found diseased ; in- 
spects and disinfects, w r hen necessary, vessels engaged in 
transporting live stock, and makes rules in behalf of the 
humane treatment of such animals ; and prevents the 
transportation of diseased animals from one State to an- 
other. The improvement of agricultural industries is an 
important part of the work of the department. In the in- 
terest of this service are conducted a number of experi- 
mental gardens and grounds. The Weather Bureau be- 
longs to this department. Its chief duties are to collect 
meteorological data, distribute information derived, and 
publish forecasts of the weather by means of bulletins 
and the display of flags as signals. 

217. The Department of Commerce and Labor. — Although Department 
the Department of Commerce and Labor is one of the ofCom - 
recently established departments (§ 206), it has taken a Labor . e 
prominent place as a part of the executive branch of the 
government. Its duties are to foster, promote, and de- 
velop foreign and domestic commerce ; the mining, manu- 
facturing, shipping, and fishery industries ; the labor in- 



170 



THE GOVERNMENT OF THE NATION 



terests ; and the transportation facilities of the United 
States. The consular officers gather information in re- 
spect to the subjects under the care of the Department 
of Commerce and Labor, in the countries to which they 
are accredited, and send it to the secretary of this depart- 
ment. In the transfer of the Bureau of Foreign Com- 
merce to this department at the time of its organization, 
the Consular Service was left with the State Department. 
The Census. The census office, formerly with the Interior Depart- 
ment, but now with this department, has charge of very 
important duties. The taking of the census is more than 
the enumeration of the people. It embraces a statistical 
inquiry into the wealth, occupations, education, and health 
of the people, the progress of agriculture, manufactures, and 
commerce ; the number, age, sex of employees, and wages 
paid, and other items of interest. The census is taken 
every decennial year. Formerly, the work was not con- 
tinuous ; but now its investigations have the advantage of 
a permanent corps of officers and an uninterrupted service. 



Interstate 

Commerce 

Commis- 



218. The Interstate Commerce Commission. — Congress 
has power to regulate commerce among the States, and such 
regulation is committed to the Interstate Commerce Com- 
mission created Februarys 1887. It has no jurisdiction 
over transportation wholly within one State. The commis- 
sion is composed of five members, not more than three of 
whom are permitted to be of one political party. It is the 
duty of the commission to hear complaints of violations of 
the law, and to take legal steps in the courts to prevent such 
violations. The law forbids unjust discrimination among 
shippers by special rates, rebates, or any other device, and 
any preferences of localities. Schedules of freight and 
passenger rates are required to be printed and posted 



THE EXECUTIVE DEPARTMENT 171 

in public places, and the railroads are not permitted to 
make changes in such rates until the new rates have been 
examined by the commission and found to be just. No 
fares or rates greater or less than those given in the 
schedules can be received. 

219. The Civil Service Commission. — The purpose in Civil Serv- 
establishing the Civil Service Commission, created Tan- lce Com ' 

. . n mission. 

uary 16, 1883, was to withdraw from the influence of 
politics and favoritism the appointments to positions in 
the public service. The commission, as representative of 
the President, recommends candidates for the lower grade 
of federal service on a basis of competitive examination. 
At present about one half of the positions in the executive 
service are classified as competitive positions. The com- 
mission consists of three members, not more than two of 
whom can be of the same political party. The work of 
the commission tends to protect the public service against 
political abuses. 

Special Institutions 

220. The Smithsonian Institution. — The Smithsonian Smithsonian 
Institution had its origin in a bequest of James Smithson, Instltutlon - 
an English scientist, who died in 1829. The amount of 

the bequest was more than half a million dollars, and was 
given "to found at Washington, under the name of the 
Smithsonian Institution, an establishment for the increase 
and diffusion of knowledge among men." The money was 
paid into the treasury of the United States in 1838, and in 
1846 a law was passed organizing the Institution. The 
President, Vice-President, chief justice, and heads of the 
executive departments constitute the body in charge of the 
Institution. Its direct management rests with a Board of 



172 THE GOVERNMENT OF THE NATION 

Regents composed of the Vice-President, the chief justice, 
three members of the Senate, three members of the House 
of Representatives, and six other persons, two of whom are 
required to be residents of Washington. The members 
from each house are selected by the presiding officer, and 
the six other persons are chosen by joint resolution of 
Congress. 

The Smithsonian Institution ranks as one of the world's 
great institutions of knowledge. It publishes contribu- 
tions on a large variety of subjects, maintains an annual 
course of lectures and a great museum, and conducts 
original investigations and explorations. 
Library of 22L The Library of Congress. — The Library of Congress 

Congress. wag esta blished in 1800. It was destroyed in 18 14 by the 
burning of the Capitol by the British, but was afterward 
replenished by the purchase by Congress of the library of 
ex-President Jefferson. It was again injured by fire in 
185 1, which reduced it to 20,000 volumes ; but it has in- 
creased rapidly since then. The Library remained at the 
Capitol until 1897, when it was removed to the building 
erected for it under acts of Congress. The building cost 
$6,346,000, besides the land, which cost $585,000. It 
occupies three and three-fourths acres, upon a site ten acres 
in extent. It is the most magnificent library building in 
the world. The librarian is appointed by the President. 
Appropriations for its care are granted by Congress upon 
the application of the librarian and the superintendent of 
the building and grounds. The Library is open from 
nine o'clock a.m. to ten o'clock p.m. every week day, and 
from two o'clock till ten o'clock p.m. Sundays and most 
holidays. Any orderly person may use the Library for 
reference, but the taking of books out of the Library is 
closely limited. 



THE EXECUTIVE DEPARTMENT 1 73 

Two copies of every book, pamphlet, newspaper, photo- 
graph, or other form of publication, copyrighted in the 
United States, are required to be sent to the Library 
of Congress. Large and valuable additions thus accrue. 
Congress makes liberal appropriations to the Library, and 
many gifts and exchanges are received. The collection is 
now third in point of size in the libraries of the world, and 
is rich in history, political and social science, public docu- 
ments, information pertaining to America, important files 
of newspapers, and original manuscripts. 

222. The government printing office. — The Govern- Printing 
ment Printing Office, under the supervision of the govern- office - 
ment printer, does the printing and binding for the federal 
government. Its publications consist of the reports of 

each department, bureau, and division, and the proceedings 
of Congress. 

223. Summary. — The President is the chief executive officer of the 
United States. He is elected by the people, and the term of office is 
four years, with the eligibility limited by precedent to one reelection. 
The executive branch of the government is divided into a number of 
executive departments, at the head of which are men of ability and 
special fitness, appointed by the President, with the consent of the 
Senate, to assist him in the faithful execution of the laws. The Presi- 
dent is commander-in-chief of the military forces of the nation, and it is 
his duty to use this force, if necessary, to enforce the laws and to pro- 
tect the people against foreign or domestic foes. 

QUESTIONS 

What officer is at the head of the executive branch of the govern- 
ment? Give each step in the nomination and election of the President 
and Vice-President. In the inauguration of the President. What pro- 
vision is made to fill the office of President if both President and Vice- 
President die? What are the duties of the President? Compensation 
of the President? The Vice-President? 



174 THE GOVERNMENT OF THE NATION 

Name the executive departments. The commissions. How are 
the departments organized? What is the President's Cabinet? What 
part of the government is conducted through the State Department? 
How does the secretary of state communicate with other countries? 
How did the United States come to have ambassadors? Explain the 
difference between ministers and consuls, and give the grades of each. 
What department keeps the money of the nation? How is it paid out? 
Name all of the kinds of money made by the United States. Why should 
all kinds of money of a government be equally good? 

What have the War Department and the Navy Department to do 
with the executive branch of the government? Give some of the 
duties of each. What are the duties of the postmaster general? What 
postmasters receive fixed salaries? What is the Postal Union? What 
affairs of government does the Interior Department conduct? Are 
pensions demandable of right, or granted by grace of the government ? 
When is an invention patentable? What are the duties of the attorney 
general? How does the Department of Agriculture benefit the country ? 
What does the Department of Commerce and Labor do? The Inter- 
state Commerce Commission? The Civil Service Commission? 

Give a brief history of the Smithsonian Institution. How is it gov- 
erned? What does it do? Tell all you can about the Library of Con- 
gress. How does it get books and other publications? How does it 
rank with the great libraries of the world? 



CHAPTER XVI 

THE JUDICIAL DEPARTMENT 

224. Federal courts. — The judicial power of the United System of 
States is exercised through a system of federal courts, federal 
consisting of a Supreme Court, nine circuit courts of 
appeals, seventy-eight district courts, a court of claims, a 

court of customs appeals, and a commerce court. The 
courts in the Territories and in the District of Columbia 
depend on the federal government for their authority, but 
they are not a part of the judicial department of the general 
government. 

The judges of the federal courts, and of the courts in the Federal 
Territories and the District of Columbia, are appointed by J ud g es: a P- 
the President, subject to confirmation by the Senate. The ]^ m ™ 
federal judges hold their offices during good behavior, as 
declared by the Constitution, and Congress has no author- 
ity to prescribe any limit to their term of office. They may 
be removed only by impeachment (§ 190) for improper 
conduct in office. Provision is made, however, for their 
retirement, without depriving them of the means of sup- 
port in old age. Any federal justice or judge who has 
held that position ten years, and has reached the age of 
seventy, may voluntarily retire, and receives the full salary 
of his office during life. 

225. Judicial power limited. — The federal courts have jurisdiction 
no jurisdiction in matters not of a federal nature. They of federal 
are confined to the cases which arise within the law of the 

nation, that is, the Constitution, the acts of Congress, and 

175 



176 THE GOVERNMENT OF THE NATION 

the treaties of the United States. Their jurisdiction in- 
cludes admiralty cases, and questions arising out of diplo- 
matic relations. It extends to cases in which the United 
States is a party, to controversies between two or more 
States, and between citizens of different States. The only 
jurisdiction the federal courts have is that which is con- 
ferred upon them ; and a State cannot enlarge the federal 
jurisdiction. 

The federal Union has absolute control over national 
affairs and foreign relations. The States have a like ab- 
solute control over the local affairs within their limits. 
The Supreme Court has always observed this division of 
government. It has uniformly upheld the national char- 
acter of the federal Union. But its rulings have never 
tended to undermine and destroy the legitimate power of 
the States. On the contrary, it has always ruled so as to 
uphold full governmental action on the part of the State 
unembarrassed by federal power. 

Supreme 226. The Supreme Court. — The Supreme Court of the 

Court United States is an independent court of the highest dig- 

nity, removed as far as possible from the sway of human 
passions and prejudices, and placed under the highest 
obligations to exercise justice without fear or favor. It is 
the only court established by the Constitution. Congress 
has power to establish any number of inferior courts. 

The Supreme Court was organized in 1789 and consisted 
of a chief justice and five associate justices. Since then 
the number of associate justices has been increased to 
eight. The sessions of the court are annual, and are held 
in the Capitol building at Washington. They begin the 
second Monday in October and continue usually till May. 
Six justices are a quorum. The daily sessions begin at 



appeals. 



THE JUDICIAL DEPARTMENT 1 77 

twelve o'clock and are held every day except Saturdays and 
Sundays. On Saturday mornings the justices meet together 
and render decisions in the cases of the week, which are 
announced the following Monday. Each case is discussed 
twice by the whole body : once to ascertain, the opinion of 
the majority, which is directed to be set forth by one of 
the justices in a written judgment; then again when the 
written judgment is submitted for criticism and adopted as 
the judgment of the Court. The annual salary of the chief 
justice is $15,000, and of the associate justices, $14,500. 

227. Circuit courts of appeals. — In 1891 Congress estab- Nine circuit 
lished an additional court in each of the nine circuits into ^^^ 
which the States are grouped. This court is the circuit 
court of appeals. It was created for the purpose of reliev- 
ing the Supreme Court from an accumulation of business 
that rendered the prompt decision of cases impossible. In 
the early history of the Supreme Court few cases arose. 
At the first term there was no business. In 1801 there 
were only ten cases on the docket, and for some years the 
average number of cases was only twenty-four. In 1850 
there were seventy-one cases, while from 1875 to 1880 the 
average number increased to three hundred and ninety-one 
a year ; and the number of cases continued to increase 
until the relief of the Supreme Court became a necessity. 

The circuit court of appeals is held by three judges, two 
of whom make a quorum. Before the circuit court of 
appeals was established, there was one circuit judge in 
each circuit ; he held the circuit court. When the circuit 
court of appeals was erected, the circuits were each given 
an additional judge, and others have been added as the work 
of the courts has required. Any of the federal judges in 
the circuit may hold the circuit court of appeals, whether it 



i 7 8 



THE GOVERNMENT OF THE NATION 



Appeal to 

Supreme 

Court. 



be a circuit judge, a district judge, or one of the justices of 
the Supreme Court. The justices of the Supreme Court 
still go circuit and hold the circuit courts. But no judge 
can sit on a case in the circuit court of appeals if the case 
was tried before him in a lower federal court. 

Appeals in some cases lie direct to the Supreme Court; 
in all others they are taken to the circuit court of appeals. 
The appeals taken to the Supreme Court are in cases in- 
volving the jurisdiction of the court; final sentences in cases 
growing out of captures made on the high seas in time of 
war ; convictions of capital or other infamous crime ; cases 
involving the construction or application of the Constitu- 
tion of the United States or of a treaty; and all cases in 
which the Constitution or laws of a State are claimed to 
be in conflict with the Constitution of the United States. 

Questions before the State courts do not go to the 
federal courts unless they involve federal law. Such mat- 
ters belong to the federal courts, and their litigation may 
be begun in the federal courts, or be taken to the proper 
federal court on appeal at an)r stage in their progress, if 
the State court decides adversely to federal right. 

The annual salary of circuit judges is $7000. 



District 
courts. 



228. District courts. — District courts are the lowest 
federal courts and are held by one judge. A district is a 
part or the whole of a State. The court for a district is 
held in the district, and the records are kept there. There 
are seventy-eight districts and ninety-six judges. Others 
are added as the business of the courts require it. The 
jurisdiction of the district courts embraces chiefly criminal 
cases, admiralty cases, bankruptcy proceedings, suits for 
penalties, and the like. 

In nearly every district the President appoints a federal 



THE JUDICIAL DEPARTMENT 1 79 

district attorney, whose duty it is to prosecute criminal 
cases before the federal judges of his district; also a 
United States marshal, who acts as a federal sheriff of any 
federal circuit or district court of the United States. 
The annual salary of district judges is $6000. 

229. Court of claims. — The United States gives its citi- Court of 
zens the privilege of suing the federal government if they claims - 
have a claim against it. The court of claims is held by 

five judges, one of whom is chief justice of the court. 
The court meets at Washington. Its jurisdiction extends 
to claims founded on any act of Congress, or on any regu- 
lation of an executive department, or on any contract with 
the government. The judgments of the court cannot be 
paid till Congress appropriates money for their payment. 
Cases involving $3000 or more may be appealed to the 
Supreme Court. 

The annual salary of the chief justice is $6500, and of 
the associate judges $6000. 

230. Court of Customs Appeals. — This court consists of Court of 
a presiding judge and four associate judges. It is held customs 
whenever business requires and wherever convenient, and 
decides finally appeals from the Board of General Ap- 
praisers as to classification of merchandise and rates of 

duty imposed thereon. One has sixty days in which to 
carry a complaint to this court. 

The annual salary of the judges is $7000. 

231. Commerce court. — Five circuit judges, assigned by commero 
the chief justice of the Supreme Court, hold the commerce court. 
court. Its sessions are held at Washington. This court 

has jurisdiction in certain matters of interstate commerce 
coming to it from the Interstate Commerce Commission. 



180 THE GOVERNMENT OF THE NATION 

Most questions arising out of commerce with foreign na- 
tions go to the higher courts. 

Summary. — The judicial power of the United States is exercised 
through a system of federal courts, — a Supreme Court, circuit courts of 
appeals, district courts, court of claims, court of customs appeals, and 
commerce court. Their jurisdiction is limited to federal questions, 
and it does not include any of the legitimate powers of the States. 
Cases go from the lower to the higher federal courts on appeal. Ques- 
tions before the state courts do not go to the federal courts unless they 
involve federal law. Such matters come within the jurisdiction of the 
federal courts, and their litigation may be begun in the federal courts, 
or be taken to the proper federal court on appeal at any stage in their 
progress, if the state court decides adversely to federal right. 

QUESTIONS 

Name the federal courts. Who appoints the federal judges? For 
how long a term? Can Congress shorten the term? When may a 
federal judge retire from office? 

What limitation is there upon the jurisdiction of federal courts ? Of 
what does the federal law consist? If litigation arises over the line 
between two States, in what court is the case brought? If John Doe 
of Pittsburg sells iron to Richard Doe of Cleveland, in what court at 
Pittsburg can he sue Richard Doe to collect payment? 

By what authority is the Supreme Court established? If Congress 
enacted a law and the Supreme Court declared it unconstitutional, could 
Congress pass a law doing away with the Supreme Court, and in that way 
make a freer way for its laws ? What danger would there be in such a 
course? Tell how the Supreme Court arrives at decisions. 

Why were the circuit courts of appeals established ? By what judges 
may they be held? What appeals go directly to the Supreme Court? 
What amount must a case involve to be brought originally in the circuit 
court? In what court is it brought if the amount is less than $2000? 

What is the chief duty of federal district attorneys ? Of marshals ? 
Tell all you can about the court of claims. Give the salaries of the 
different federal judges. 



CHAPTER XVII 

FEDERAL TERRITORY 

232. The federal domain. — Certain territory that is Federal 
not within the limits of the States belongs to the United domain. 
States as a nation. The District of Columbia and the 
thinly populated sections of the country that are not or- 
ganized as States are federal domain, over which the 
United States has dominion. The Constitution gives Con- 
gress authority to make laws to govern this territory, and 

no other division of the government can do it. Within 
the borders of the States there are federal building sites, 
arsenals, and dockyards. Congress controls these prop- 
erties, and the States have no right to make use of lands 
that are thus used by the federal government. The gov- 
ernment of the State, however, applies to them as it does 
to every other portion of the State. 

233. Territorial Government. — The government of the Government 
thinly populated sections, organized as Territories, is of \ ern ~ 
much like that of a State. It has the three departments 

of government, but they are not so highly developed as 
in State government. The governor and the judges are 
appointed by the President, with the confirmation of the 
Senate, for a term of four years. The legislature, which 
consists of a Council of twelve members and a House of 
Representatives of twenty-four, is chosen by the people. 
The scope of legislation is almost as wide as in a State ; 
it extends to all proper subjects not inconsistent with the 

181 



182 



THE GOVERNMENT OF THE NATION 



Constitution of the United States. The courts are of 
three grades, — supreme, circuit, and district; and they ad- 
minister federal laws, and the laws made by the territorial 
legislature. A Territory has representation in the national 
government by means of a delegate who is permitted to sit 
and to speak in the House of Representatives, but not to 
vote. 
Citizens in The position of a citizen in a Territory differs from that 

territories. f a citizen in a State. He is entitled to the protection 
of the United States as respects his private rights in life, 
liberty, and pursuit of happiness, the same as if he lived 
in a State ; but he does not enjoy the same political privi- 
leges, and he does not participate so fully in the national 
government. In federal domain not yet made a Territory, 
the part a citizen takes in the local government may be 
limited ; Congress is responsible for the government, and 
may put it into such hands as it thinks best. 

234. District of Columbia. — The District of Columbia 
was governed directly by Congress until 1871, when it was 
placed under territorial government. In 1874 the gov- 
ernment was put into the care of three commissioners ap- 
pointed by the President, with the consent of the Senate. 
This manner of government still continues. The residents 
of the District have no voice in the appointment of any of 
the officers; they are appointed by the Commission. The 
large number of persons holding federal office and in fed- 
eral employ in the District keep their former residences 
and go home to vote at all important elections. 

Alaska. 235. Alaska. — The government of Alaska is still that 

of an unorganized Territory, there being no legislative 
body. The Territory has a governor, who resides at Sitka, 
a surveyor general, and several judges, attorneys, and 



Government 
of the 
District of 
Columbia. 



FEDERAL TERRITORY 1 83 

commissioners appointed by the territorial courts. These 
officials act as justices of the peace, recorders, probate 
judges, and perform other duties of both a civil and a 
criminal nature. The large towns are permitted to incor- 
porate and elect governing bodies similar to those of towns 
in organized Territories. 

236. Hawaii. — The Hawaiian Islands became a re- Hawaii, 
public July 4, 1894, and were annexed to the United 
States as unorganized territory by resolution of Congress 

July 7, 1898. They were made a Territory April 30, 1900, 
and the territorial government was inaugurated June 14 
following. The legislature has two houses, a Senate of 
fifteen members and a House of Representatives of thirty 
members. Its sessions are biennial. 

237. Porto Rico. — The island of Porto Rico was ceded Porto Rico, 
to the United States by Spain December 10, 1898. Con- 
gress provided a civil government for the island April 12, 

1900, but did not raise it to the rank of a Territory, nor 
extend to the island the Constitution and laws of the 
United States. The inhabitants are citizens of Porto 
Rico, and as such they are entitled to the protection of 
the United States, but they are not citizens of the United 
States. The legislature consists of a Council and a House 
of Delegates. The Council has eleven members, five of 
whom are natives, appointed by the President with consent 
of the Senate. The House of Delegates is elected bien- 
nially by the people of the island. The courts are similar 
to other territorial courts. 

238. Philippines. — The Philippine Islands came into the Philippines, 
possession of the United States the same time that Porto 

Rico did. Civil government was established July 1, 1902. 
All of the inhabitants who were citizens of Spain at the 



1 84 



THE GOVERNMENT OF THE NATION 



time the islands were received are citizens of the Philip- 
pines and are entitled to the protection of the United States, 
but they are not citizens of the United States. The legis- 
lature is composed of the Philippine Commission, consist- 
ing of the governor and eight commissioners, as the upper 
house ; and the Philippine Assembly, consisting of not less 
than fifty nor more than one hundred members, elected 
by the people, as the lower house. The sessions of the 
legislature are held annually. The courts are similar to 
other territorial courts. Natives are allowed to hold the 
lower courts. Some of the judges of the higher courts also 
are natives. 



Pacific 
Islands. 



239. Other islands. — Federal domain includes also the 
island of Guam, ceded by Spain in 1898 ; the island of 
Tutuila, obtained by treaty in 1899, an ^ noted for its fine 
harbor ; and Wake Island, and a number of scattered 
islands in the Pacific Ocean — some of them hardly more 
than rocks or coral. reefs — over which the flag has been 
raised from time to time. The only government in these 
islands is the maritime regulations of the coaling stations 
established in some of them. 



Panama 
Canal Zone. 



240. Panama Canal Zone. — The United States received 
from the Republic of Panama, by treaty which went into 
effect February 26, 1904, a strip of land five miles wide 
on each side of the center line of the route of the Panama 
Canal. The United States has the perpetual right of use, 
occupation, and control of this land. Other lands and 
waters outside this zone, which may be necessary for the 
construction, maintenance, operation, sanitation, and protec- 
tion of the Canal, may also be used and occupied perpetu- 
ally. The United States thus has from sea to ocean, across 



FEDERAL TERRITORY 1 85 

the Isthmus of Panama, all in the way of territorial rights 
that could be desired. The Canal Zone is governed by 
a Commission. 

241. Summary. — The government of federal domain outside the 
States is given into the care of Congress. All but a small part of 
the territory of the West is organized into States. The authority of 
Congress to govern this territory is well established. The government 
of territory far away from the home country is founded upon the same 
right : distance does not affect the right, although it may affect the 
benefit to be derived from the acquisition. 

QUESTIONS 

What branch of the national government has control over federal 
domain not yet organized as States ? Are there any Territories yet in 
the State group ? How does their government differ from that of the 
States? In what are the rights of citizens of a State and a Territory 
alike? In what do they differ? How is the District of Columbia gov- 
erned? Do residents vote in the District? 

Describe the government of Alaska. Of Hawaii. Of Porto Rico. 
Of the Philippines. What rights have the United States along the 
Panama Canal? How is this Canal Zone governed? Tell some advan- 
tages to the United States derived from possessions far from the home 
country. Some of the disadvantages. 




cfiti&WL 



APPENDIX 



ORGANIZATION OF COUNTIES AND COUNTY TOWNS 



Counties 


Taken from Formed 


County Towns Laid Out 


Chester 


Original 


1682 


West Chester 


1786 


Bucks 


Original 


1682 


Doy lest own 


1778 


Philadelphia 


Original 


1682 


Philadelphia 


1682 


Lancaster 


Chester 


1729 


Lancaster 


I730 


York 


Lancaster 


1749 


York 


1741 


Cumberland 


Lancaster 


1750 


Carlisle 


1751 


Berks 


Philadelphia, Bucks, Lancaster 


1752 


Reading 


1748 


Northampton 


Bucks 


1752 


Easton 


1738 


Bedford 


Cumberland 


1771 


Bedford 


1766 


Northumberland Lancaster, Cumberland, Berks, 










Bedford, Northampton 


1772 


Sunbury 


1772 


Westmoreland 


Bedford, and purchase of 1784 


1773 


Greensburg 


1782 


Washington 


Westmoreland 


1781 


Washington 


1782 


Fayette 


Westmoreland 


1783 


Uniontown 


1767 


Franklin 


Cumberland 


1784 


Chambersburg 


1764 


Montgomery 


Philadelphia 


1784 


Norristown 


1784 


Dauphin 


Lancaster 


1785 


Flarrisburg 


1785 


Luzerne 


Northumberland 


1786 


Wilkesbarre 


*783 


Huntingdon 


Bedford 


1787 


Huntingdon 


1767 


Allegheny 


Westmoreland, Washington 


1788 


Pittsburg 


1765 


Delaware 


Chester 


1789 


Media 


1849 


Mifflin 


Cumberland, Northumberland 


1789 


Le wist own 


1790 


Somerset 


Bedford 


J 795 


Somerset 


1795 


Lycoming 


Northumberland 


1795 


Willi amsport 


1796 


Greene 


Washington 


1796 


Waynesburg 


1796 


Wayne 


North umberland 


1796 


Honesdale 


1826 


Armstrong 


Allegheny, Westmoreland, Ly- 










coming 


1800 


Kittanning 


1804 


Adams 


York 


1800 


Gettysburg 


1780 


Butler 


Allegheny 


1800 


Butler 


1803 


Beaver 


Allegheny, Washington 


1800 


Beaver 


1791 


Centre 


Mifflin, Northumberland, Ly- 










coming, Huntingdon 


1800 


Bellefonte 


1795 


Crawford 


Allegheny 


1800 


Meadville 


1795 


Erie 


Allegheny 

187 


1800 


Erie 


1795 



Il 



APPENDIX 



Counties Taken from Formed County Towns Laid Out 

Mercer Allegheny 1800 Mercer 1803 

Venango Allegheny, Lycoming 1800 Franklin 1795 

Warren Allegheny, Lycoming 1800 Warren 1795 

Indiana Westmoreland, Lycoming 1803 Indiana !8o5 

Jefferson Lycoming 1804 Brook ville 1830 

McKean Lycoming 1804 Smethport 1807 

Potter Lycoming 1804 Coudersport 1807 

Tioga Lycoming 1804 Welisboro 1806 

Cambria Huntingdon, Somerset, Bedford 1804 Ebensburg 1805 

Clearfield Lycoming 1804 Clearfield 1805 

Bradford Luzerne, Lycoming 1 8 10 Towanda 181 2 

Susquehanna Luzerne 1810 Montrose 181 1 

Schuylkill Berks, Northampton 181 1 Potts ville 18 16 

Lehigh Northampton 181 2 Allentown 1751 

Lebanon Dauphin, Lancaster 181 3 Lebanon 1 750 

Columbia Northumberland 181 3 Bloomsburg 1802 

Union Northumberland 1 81 3 Lewisburg 1785 

Pike Wayne 1 814 Milford 1800 

Perry Cumberland 1820 New Bloomfield 1822 

Juniata Mifflin 1831 Mifflintown 1791 

Monroe Northampton, Pike 1836 Stroudsburg 1806 

Clarion Venango, Armstrong J ^39 Clarion 1840 

Clinton Lycoming, Centre 1839 Lockhaven 1833 

Wyoming Luzerne 1842 Tunkhannock 1790 

Carbon Northampton, Monroe 1843 Mauchchunk 1 81 5 

Elk Jefferson, Clear fielH, McKean 1843 Ridgway 1843 

Blair Huntingdon, Bedford 1846 Hollidaysburg 1820 

Sullivan Lycoming ^47 Laporte 1850 

Forest Jefferson, Venango 1848 ~ Tionesta 1852 

Fulton Bedford 1850 McConnellsburg 1786 

Lawrence Beaver, Mercer 1850 New Castle 1802 

Montour Columbia 1850 Danville 1790 

Snyder Union 1855 Middleburg 1800 

Cameron Clinton, Elk, McKean, Potter i860 Emporium 1861 

Lackawanna Luzerne 1878 Scranton 1840 

SUPERINTENDENTS OF COMMON SCHOOLS 

OF PENNSYLVANIA 

Commissioned 

Henry C. Hickok . . 1857 

Thomas H. Burrows i860 

Charles R. Coburn 1863 

James P. Wickersham ........ 1866 

James P. Wickersham ........ 1869 

James P. Wickersham 1872 



APPENDIX 189 



SUPERINTENDENTS OF PUBLIC INSTRUCTION 

OF PENNSYLVANIA 

James P. Wickersham ....... June 1, 1875 

E. E. Higbee (died in office Dec. 13, 1899) . . . Mar. 17, 1881 

D. J. Waller, Jr. Mar. 1, 1890 

Nathan C. Schaeffer June 1, 1893 

NORMAL SCHOOL DISTRICTS 
District Location of School Counties in the District 

1st WestChester . . . . Delaware, Chester, Bucks, and Mont- 

gomery. 

2d Millersville Lancaster, York, and Lebanon. 

3d Kutztown Berks, Schuylkill, and Lehigh. 

4th East Stroudsburg . . Northampton, Carbon, Monroe, Pike, 

Luzerne, Wayne, and Lackawanna. 
5th Mansfield Wyoming, Sullivan, Susquehanna, Ly- 

coming, Bradford, and Tioga. 
6th Bloomsburg .... Dauphin, Northumberland, Columbia, 

Montour, Union, Snyder, Perry, 
Juniata^ and Mifflin. 
7th Shippensburg .... Cumberland, Adams, Franklin, Fulton, 

Bedford, Huntingdon, and Blair. 
8th Lock Haven .... Centre, Clinton, Clearfield, Elk, Pot- 

ter, and Cameron. 

9th Indiana Cambria, Indiana, Armstrong, and 

Westmoreland. 

loth California Washington, Fayette, Greene, and 

Somerset, 
nth Slippery Rock .... Allegheny, Butler, and Beaver. 
1 2th Edinboro Lawrence, Mercer, Venango, Craw- 

ford, and Erie. 

13th Clarion Jefferson, Clarion, Forest, Warren 5 

and McKean. 



GOVERNORS OF PENNSYLVANIA 

Under Constitution of 1790 

1 790-1 793 Thomas Mifflin. 
1 793-1 796 (Reelected.) 

1 796-1 799 (Reelected.) 

1 799- 1 802 Thomas McKean. 
1802-1805 (Reelected.) 



Democrat 



1 805-1 808 (Reelected.) 



190 


APPENDIX 


Under Constitution of 


1790 

1808-1811 
1811-1814 
1814-1817 
1817-1820 


Simon Snyder. 

(Reelected.) 
(Reelected.) 

William Findlay. 


Federalist 


1820-1823 


Joseph Heister. 


Democrat 


1823-1826 
1826-1829 
1829-1832 
1832-1835 


John Andrew Schulze. 

(Reelected.) 
George Wolf. 

(Reelected.) 


Anti-Mason 


1835-1839 


Joseph Ritner. 


Under Constitution of 
Democrat 


1838 

1 839-1 842 
1 842-1 845 
1845-1848 


David Rittenhouse Porter. 

(Reelected.) 
Francis Rawn Shunk. 


Whig 


1848-1852 


William Freame Johnston. 


Democrat 


1852-1855 


William Bigler. 


Whig- American 


1855-1858 


James Pollock 


Democrat 


1858-1861 


William Fisher Packer. 


Republican 


1861-1864 
1864-1867 
1867-1870 
1870-1873 
1873-1876 


Andrew Gregg Curtin. 

(Reelected.) 
John White Geary. 

(Reelected.) 
John Frederick Hartranft. 


Under Constitution of 


1873 






1876-1879 
1879-1883 


(Reelected.) 
Henry Martyn Hoyt. 


Democrat 


1883-1887 


Robert Emory Pattison. 


Republican 


I 887-1891 


James Addams Beaver. 


Democrat 


1 891-1895 


Robert Emory Pattison. 


Republican 


1895-1899 
1 899-1 903 
1 903- 1 907 
1907-1911 
1911- 


Daniel Hartman Hastings. 
William Alexis Stone. 
Samuel Whitaker Pennypacker, 
Edwin Snyder Stuart. 
John Kinley Tener. 



APPENDIX 191 



THINGS FIRST IN PENNSYLVANIA 

1685 First book printed in the middle colonies, "The Excellent Privilege of 
Liberty & Property," by William Bradford, at Philadelphia. 

1688 April 18, first antislavery protest in America, by the German Quakers 
of Germantown. 

1690 First paper mill in America erected on the Wissahickon by William Rit- 
tenhouse.- 

1696 First book in High German printed in America at Philadelphia, by 
William Bradford, for Heinrich Bernard Koster. 

1716 First successful effort in America to establish iron works, on the Schuyl- 
kill, near Pottstown. 

1 719 December 22, First newspaper in the middle colonies, The American 
Weekly Mercury, published at Philadelphia, by Andrew Bradford. 

1730 First Masonic lodge opened in America at Philadelphia. 

1 731 July, M Library Company of Philadelphia," founded by Benjamin Frank- 

lin, first subscription library in America. 

1732 June 21, First German newspaper in America, Die Philadelphische Zeit- 

ung, published by Benjamin Franklin. 
1736 First volunteer fire company in America organized in Philadelphia. 
1738 First German printing press in America set up at Germantown. 

1740 First medical book in America, published by Dr. Thomas Cadwaiader, 

at Philadelphia. 

1 741 January, Benjamin Franklin published at Philadelphia The American 

Magazine, the first magazine in America. 
1743 German Bible printed in Germantown by Christopher Saur, the first 
Bible printed in a European tongue in America. 

1745 Ephrata Cloister press set up, the first in America to print in both Ger- 

man and English. 

1746 February, Christopher Sauer of Germantown began publication of the 

first religious magazine in America. 

1 75 1 First medical school in the colonies established at Philadelphia. 

" Pennsylvania Hospital " chartered, first in America devoted to the 
relief of the sick. 

1752 September, First lightning rod used in the world, set up by Benjamin 

Franklin at the southeast corner of Second and Race streets, Phila- 
delphia. 
The " Philadelphia Contributorship," the first fire insurance company 
in the colonies, founded. 

1753 March 4, First Arctic expedition in America, fitted out by Philadelphia 

merchants. 



192 APPENDIX 

1762 First school of anatomy in America, opened by Dr. William Shippen at 

Philadelphia. 
1769 Obediah Gore burned, first in America, anthracite coal in his smith 

forge near where Wilkesbarre now stands. 

1773 Oliver Evans of Pennsylvania first suggested steam as motor power for 

land carriage. 

1774 First daily newspaper in America, Pennsylvania Packet, under D. C. 

Claypoole, begun in 1771 by John Dunlap as a weekly. 

First society for promotion of abolition of slavery formed at Phila- 
delphia. 

September 5, First Continental Congress met in Carpenters' Hall in 
Philadelphia. 

1776 July 4, Declaration of Independence adopted at State House, Phila- 

dephia. 

1 777 June 14, Flag made by Betsy Ross of Philadelphia adopted by Congress 

as flag of United States. 

1780 First abolition law in America enacted, providing that slavery be abol- 
ished in Pennsylvania. 

1782 First edition of the Bible in English printed in America, by Robert 
Aitken at Philadelphia. 

1785 September, John Fitch exhibited first models of a steamboat, before the 

American Philosophical Society of Philadelphia. 

1786 First American dispensary founded at Philadelphia by Dr. Benjamin 

Rush. 
July 27, John Fitch navigated first steam vessel on the Delaware 
River. 

1789 First Greek book, " Lucian's Dialogues," printed in America, by Joseph 

James, at Philadelphia. 

1790 Philadelphia became Capital of the United States. 

John Fitch's steamboat made regular trips on Delaware River. 

1 791 February 25, "First Bank of the United States" established at Phila- 

delphia. 

1792 First turnpike company in the United States incorporated, Philadelphia 

to Lancaster. 
April 2, First United States Mint established at Philadelphia. 
April 19, "Schuylkill & Delaware Canal" chartered, the first public 
canal in the United States. 
1795 November 4, The schooner White Fis/i, built at Presque Isle, arrived 
at Philadelphia, — the first vessel to demonstrate that transportation 
could be established between Lake Erie and the Hudson River. 
1802 Anthracite coal first burned in grates, in Philadelphia. 
1804 First bituminous coal sent down the Susquehanna River. 



APPENDIX 193 

First cotton spun in the United States by carding and spinning jenny, 
at Pittsburg. 

First steam dredging machine in United States, constucted by Oliver 
Evans, at Philadelphia. Being placed on wheels, it propelled itself one 
and one half miles to the Schuylkill River, the first propulsion of a car- 
riage on land by steam in the United States. 
1805 First agency in the United States for the sale of American manufactures 
established in Philadelphia by Elijah Waring. 

1808 First flint glass manufactured in the United States by Bakewell & Co. of 

Pittsburg. 

1809 September, Experimental railroad constructed at Bull's Head tavern, 

Third Street, above Callowhill, Philadelphia, — the first railroad laid 
down in America. 
Thomas and George Leiper built railroad at their quarries in Delaware 
County. 

1 814 First successful experiment in the use of anthracite coal in an iron fur- 
nace, made in Delaware County by Mellon & Bishop. 

181 6 First steam paper mill in the United States started at Pittsburg. 

1822 First cylinders for printing calico engraved in the United States at Phil- 

adelphia. 

1823 March 31, First railway act in the United States passed by General 

Assembly of Pennsylvania. 

1827 Paper first made from straw at Meadville by Colonel William McGraw. 

1829 First locomotive in the United States used on Carbondale and Hones- 
dale Road. 

1856 First Republican National Convention met in Philadelphia. 

1859 August 29, Colonel E. L. Drake successfully bored for petroleum at 
Titusville. 

1 861 April 16, Pennsylvania troops first to reach Washington in defense of 
the Union. 



CONSTITUTION OF THE COMMONWEALTH OF PENN- 
SYLVANIA 

(This Constitution shall take effect on January i, 1874, for all purposes not otherwise 
provided for therein. — Sec. 1, Schedule.) 

PREAMBLE 

WE, the people of the Commonwealth of Pennsylvania, grateful to Almighty 
God for the blessings of civil and religious liberty, and humbly invoking His 
guidance, do ordain and establish this Constitution. 

ARTICLE I 
Declaration of Rights 

That the general, great and essential principles of liberty and free govern- 
ment may be recognized and unalterably established, WE DECLARE 
THAT — 

Inherent Rights of Mankind 

Sec. I. All men are born equally free and independent, and have certain 
inherent and indefeasible rights, among which are those of enjoying and de- 
fending life and liberty, of acquiring, possessing and protecting property and 
reputation, and of pursuing their own happiness. 

Political Power 

Sec. 2. All power is inherent in the people, and all free governments are 
founded on their authority and instituted for their peace, safety and happiness. 
For the advancements of these ends they have at all times an inalienable and 
indefeasible right to alter, reform or abolish their government in such manner 
as they may think proper. 

Religious Freedom 

Sec. 3. All men have a natural and indefeasible right to worship Al- 
mighty God according to the dictates of their own consciences; no man can 
of right be compelled to attend, erect or support any place of worship, or to 
maintain any ministry against his consent; no human authority can, in any 
case whatever, control or interfere with the rights of conscience, and no pref- 
erence shall ever be given by law to any religious establishments or modes of 
worship. 

Religion 

Sec. 4. No person who acknowledges the being of a God and a future state 
of rewards and punishments shall, on account of his religious sentiments, be 

195 



196 THE CONSTITUTION OF PENNSYLVANIA 

disqualified to hold any office or place of trust or profit under this Common- 
wealth. 

Elections 

Sec. 5. Elections shall be free and equal ; and no power, civil or military, 
shall at any time interfere to prevent the free exercise of the right of suffrage. 

Trial by Jury 
Sec. 6. Trial by jury shall be as heretofore, and the right thereof remain 
inviolate. 

Freedom of Press and Speech — Libels 

Sec. 7. The printing press shall be free to every person who may under- 
take to examine the proceedings of the legislature or any branch of govern- 
ment, and no law shall ever be made to restrain the right thereof. The free 
communication of thoughts and opinions is one of the invaluable rights of man, 
and every citizen may freely speak, write and print on any subject, being re- 
sponsible for the abuse of that liberty. No conviction shall be had in any 
prosecution for the publication of papers relating to the official conduct of 
officers or men in public capacity, or to any other matter proper for public in- 
vestigation or information, where the fact that such publication was not mali- 
ciously or negligently made shall be established to the satisfaction of the jury; 
and in all indictments for libels the jury shall have the right to determine the 
law and the facts under the direction of the court, as in other cases. 

Security from Searches and Seizures 

Sec. 8. The people shall be secure in their persons, houses, papers and pos- 
sessions from unreasonable searches and seizures, and no warrant to search 
any place or to seize any person or things shall issue without describing them 
as nearly as may be, nor without probable cause, supported by oath or affirma- 
tion subscribed to by the affiant. 

Rights of Acctised in Criminal Prosecutio?is 

Sec. 9. In all criminal prosecutions the accused hath a right to be heard 
by himself and his counsel, to demand the nature and cause of the accusation 
against him, to meet the witnesses face to face, to have compulsory process 
for obtaining witnesses in his favor, and, in prosecutions by indictment or in- 
formation, a speedy public trial by an impartial jury of the vicinage; he cannot 
be compelled to give evidence against himself, nor can he be deprived of his 
life, liberty or property, unless by the judgment of his peers or the law of the 
land. 

Criminal Informations — Twice in Jeopardy 

Sec. 10. No person shall, for any indictable offence, be proceeded against 
criminally by information, except in cases arising in the land or naval forces, 
or in the militia, when in actual service, in time of war or public danger, or 



THE CONSTITUTION OF PENNSYLVANIA 1 97 

by leave of the court for oppression or misdemeanor in office. No person 
shall, for the same offence, be twice put in jeopardy of life or limb; nor shall 
private property be taken or applied to public use, without authority of law 
and without just compensation being first made or secured. 

Courts to be Open — Suits Against the State 

Sec. II. All courts shall be open; and every man for an injury done him in 
his lands, goods, person or reputation shall have remedy by due course of law, 
and right and justice administered without sale, denial or delay. Suits may be 
brought against the Commonwealth in such manner, in such courts and in such 
cases as the legislature may by law direct. 

Power of Suspending Laws 

Sec. 12. No power of suspending laws shall be exercised unless by the legis- 
lature or by its authority. 

Bail — Fines and Punishments 

Sec. 13. Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel punishments inflicted. 

Prisoners to be Bailable — Habeas Corpus 

Sec. 14. All prisoners shall be bailable by sufficient sureties, unless for capi- 
tal offences when the proof is evident or presumption great; and the privilege 
of the writ of habeas corpus shall not be suspended, unless when in case of re- 
bellion or invasion the public safety may require it. 

Oyer and Terminer, &>c. 

Sec. 15. No commission of Oyer and Terminer or Jail Delivery shall be 
issued. 

Insolvent Debtors 

Sec. 16. The person of a debtor, where there is not strong presumption of 
fraud, shall not be continued in prison alter delivering up his estate for the 
benefit of his creditors in such manner as shall be prescribed by law. 

Ex Post Facto Laws — Impairment of Contracts 
Sec. 17. No ex post facto law, nor any law impairing the obligation of con- 
tracts, or making irrevocable any grant of special privileges or immunities, 
shall be passed. 

Attaint 

Sec. 18. No person shall be attainted of treason or felony by the legislature. 

Effect of Attainder Limited — A r o Forfeiture for Suicide or in Case of 
Death by Casualty 

Sec. 19. No attainder shall work corruption of blood, nor except during the 
life of the offender, forfeiture of estate to the Commonwealth. The estate of 



198 THE CONSTITUTION OF PENNSYLVANIA 

such persons as shall destroy their own lives shall descend or vest as in cases 
of natural death, and if any person shall be killed by casualty there shall be no 
forfeiture by reason thereof. 

Right of Petition 

Sec. 20. The citizens have a right in a peaceable manner to assemble to- 
gether for their common good, and to apply to those invested with the powers 
of government for redress of grievances or other proper purposes, by petition, 
address or remonstrance. 

Right to Bear Arms 

Sec. 21. The right of the citizens to bear arms in defence of themselves and 
the State shall not be questioned. 

No Standing Army — Military Subordinate to Civil Power 

Sec. 22. No standing army shall, in time of peace, be kept up without the 
consent of the legislature, and the military shall in all cases and at all times 
be in strict subordination to the civil power. 

Quartering of Troops 

Sec. 23. No soldier shall in time of peace be quartered in any house with- 
out the consent of the owner, nor in time of war but in a manner to be pre- 
scribed by law. 

Titles and Offices 

Sec. 24. The legislature shall not grant any title of nobility or hereditary 
distinction, nor create any office the appointment to which shall be for a longer 
term than during good behavior. 

Emigration 
Sec. 25. Emigration from the State shall not be prohibited. 

Exceptions from the General Powers of Govem??ient 

Sec. 26. To guard against transgressions of the high powers which we have 
delegated, w r e declare that everything in this article is excepted out of the 
general powers of government and shall forever remain inviolate. 

ARTICLE II 

The Legislature — Power Vested in — Consists of a Senate and House 

Sec. 1. The legislative power of this Commonwealth shall be vested in a 
General Assembly which shall consist of a Senate and a House of Representa- 
tives. 

Election of Menibers — Vacancies 

Sec. 2. Members of the General Assembly shall be chosen at the general 
election every second year. Their term of service shall begin on the first day 



THE CONSTITUTION OF PENNSYLVANIA 1 99 

of December next after their election. Whenever a vacancy shall occur in 
either House, the presiding officer thereof shall issue a writ of election to fill 
such vacancy for the remainder of the term. 

Terms of Senators and Representatives 

Sec. 3. Senators shall be elected for the term of four years and Representa- 
tives for the term of two years. 

Meetings of the General Assembly — Filling of Vacancy in Office of 
United States Senator 

Sec. 4. The General Assembly shall meet at twelve o'clock, noon, on the 
first Tuesday of January every second year, and at other times when convened 
by the Governor, but shall hold no adjourned annual session after the year 
one thousand eight hundred and seventy-eight. In case of a vacancy in the 
office of United States Senator from this Commonwealth, in a recess between 
sessions, the Governor shall convene the two Houses, by proclamation on notice 
not exceeding sixty days, to fill the same. 

Qualifications of Senators and Representatives — Residence 

Sec. 5. Senators shall be at least twenty-five years of age and Representa- 
tives twenty-one years of age. They shall have been citizens and inhabitants 
of the State four years, and inhabitants of their respective districts one year 
next before their election (unless absent on the public business of the United 
States or of this State,) and shall reside in their respective districts during 
their terms of service. 

Disqualifications 

Sec. 6. No Senator or Representative shall, during the time for which he 
shall have been elected, be appointed to any civil office under this Common- 
wealth, and no member of Congress or other person holding any office (ex- 
cept of attorney-at-law or in the militia) under the United States or this Com- 
monwealth shall be a member of either House during his continuance in 
office. 

Persons Convicted of Infamous Crimes to be Disqualified 
Sec. 7. No person hereafter convicted of embezzlement of public moneys, 
bribery, perjury or other infamous crime, shall be eligible to the General As- 
sembly, or capable of holding any office of trust or profit in the Commonwealth. 

Compensation not to be Increased During Term 

Sec. 8. The members of the General Assembly shall receive such salary and 
mileage for regular and special sessions as shall be fixed by law, and no other 
compensation whatever, whether for service upon committee or otherwise. 
No member of either House shall, during the term for which he may have 
been elected, receive any increase of salary, or mileage, under any law passed 
during such term. 



200 THE CONSTITUTION OF PENNSYLVANIA 

Election of President pro tempore of the Senate and Speaker of the 

House — Other Officers — Each House shall Judge as to 

Election of its Members, &c. 

Sec. 9. The Senate shall, at the beginning and close of each regular session 
and at such other times as may be necessary, elect one of its members Presi- 
dent pro tempore, who shall perform the duties of the Lieutenant-Governor, in 
any case of absence or disability of that officer, and whenever the said office 
of Lieutenant-Governor shall be vacant. The House of Representatives shall 
elect one of its members as Speaker. Each House shall choose its other 
officers, and shall judge of the election and qualifications of its members. 

Quorum 

Sec. 10. A majority of each House shall constitute a quorum, but a smaller 
number may adjourn from day to day and compel the attendance of absent 
members. 

Powers of Each House — Expulsion 

Sec. 11. Each House shall have power to determine the rules of its pro- 
ceedings and punish its members or other persons for contempt or disorderly 
behavior in its presence, to enforce obedience to its process, to protect its 
members against violence or offers of bribes or private solicitation, and, with 
the concurrence of two-thirds, to expel a member, but not a second time for 
the same cause, and shall have all other powers necessary for the legislature 
of a free State. A member expelled for corruption shall not thereafter be 
eligible to either House, and punishment for contempt or disorderly behavior 
shall not bar an indictment for the same offence. 

Journals — Yeas and Nays 

Sec. 12. Each House shall keep a journal of its proceedings and from time 
to time publish the same, except such parts as require secrecy, and the yeas 
and nays of the members on any question shall, at the desire of any two of 
them, be entered on the journal. 

Sessions Shall be Open 

Sec. 13. The sessions of each House and of Committees of the Whole shall 
be open, unless when the business is such as ought to be kept secret. 

Adjournments 

Sec. 14. Neither House shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that in which the two 
Houses shall be sitting. 

Privileges of Members 
Sec. 15. The members of the General Assembly shall in all cases, except 
treason, felony, violation of their oath of office, and breach or surety of the 



THE CONSTITUTION OF PENNSYLVANIA 201 

peace, be privileged from arrest during their attendance at the sessions of 
their respective Houses and in going to and returning from the same; and for 
any speech or debate in either House they shall not be questioned in any 
other place. 

Senatorial Districts — Ratio 

Sec. 1 6. The State shall be divided into fifty senatorial districts of compact 
and contiguous territory as nearly equal in population as may be, and each 
district shall be entitled to elect one Senator. Each county containing one or 
more ratios of population shall be entitled to one Senator for each ratio, and 
to an additional Senator for a surplus of population exceeding three-fifths of a 
ratio, but no county shall form a separate district unless it shall contain four- 
fifths of a ratio, except where the adjoining counties are each entitled to one 
or more Senators, when such county may be assigned a Senator on less than 
four-fifths and exceeding one-half a ratio, and no county shall be divided 
unless entitled to two or more Senators. No city or county shall be entitled 
to separate representation exceeding one-sixth of the whole number of Sena- 
tors. No ward, borough or township shall be divided in the formation of a 
district. The senatorial ratio shall be ascertained by dividing the whole popu- 
lation of the State by the number fifty. 



Representative Districts — Ratio 

Sec. 17. The members of the House of Representatives shall be apportioned 
among the several counties, on a ratio obtained by dividing the population of 
the State as ascertained by the most recent United States census by two hun- 
dred. Every county containing less than five ratios shall have one represent- 
ative for every full ratio, and an additional representative when the surplus 
exceeds half a ratio; but each county shall have at least one representative. 
Every county containing five ratios or more shall have one representative for 
every full ratio. Every city containing a population equal to a ratio shall elect 
separately its proportion of the representatives allotted to the county in which 
it is located. Every city entitled to more than four representatives, and every 
county having over one hundred thousand inhabitants shall be divided into 
districts of compact and contiguous territory, each district to elect its pro- 
portion of representatives according to its population, but no district shall 
elect more than four representatives. 



Apportionnient of the State 

Sec. 18. The General Assembly at its first session after the adoption of 
this Constitution, and immediately after each United States decennial census, 
shall apportion the State into senatorial and representative districts agreeably 
to the provisions of the two next preceding sections. 



202 THE CONSTITUTION OF PENNSYLVANIA 



ARTICLE III 

Legislation — Passage of Bills 

Sec. I. No law shall be passed except by bill, and no bill shall be so altered 
or amended, on its passage through either House, as to change its original 
purpose. 

Reference and Printing 

Sec. 2. No bill shall be considered, unless referred to a committee, re- 
turned therefrom, and printed for the use of the members. 

Form of Bills 

Sec. 3. No bill, except general appropriation bills, shall be passed con- 
taining more than one subject, which shall be clearly expressed in ita 
title. 

Three Readings — Amendments — Yeas and Nays 

Sec. 4. Every bill shall be read at length on three different days in. 
each House ; all amendments made thereto shall be printed for the use of 
the members before the final vote is taken on the bill, and no bill shall be- 
come a law, unless on its final passage the vote be taken by yeas and nays, 
the names of the persons voting for and against the same be entered on the 
journal, and a majority of the members elected to each House be recorded 
thereon as voting in its favor. 

Votes on Concurring in Amendments — Reports of Co??imittees of Con- 
ference 

Sec. 5. No amendment to bills by one House, shall be concurred in by 
the other, except by the vote of a majority of the members elected thereto, 
taken by yeas and nays, and the names of those voting for and against 
recorded upon the journal thereof; and reports of committees of coHference 
shall be adopted in either House only by the vote of a majority of the 
members elected thereto, taken by yeas and nays, and the names of those 
voting recorded upon the journals. 

Revival and Amendment of Laws 

Sec. 6. No law shall be revived, amended, or the provisions thereof ex- 
tended or conferred, by reference to its title only, but so much thereof as is 
revived, amended, extended or conferred shall be re-enacted and published 
at length. 

Special and Local Legislation Limited 

Sec. 7. The General Assembly shall not pass any local or special Jaw 
authorizing the creation, extension or impairing of liens: 



THE CONSTITUTION OF PENNSYLVANIA 203 

Regulating the affairs of counties, cities, townships, wards, boroughs or 
school districts : 

Changing the names of persons or places : 

Changing the venue in civil or criminal cases : 

Authorizing the laying out, opening, altering or maintaining, roads, high- 
ways, streets or alleys : 

Relating to ferries or bridges, or incorporating ferry or bridge companies, 
except for the erection of bridges crossing streams which form boundaries 
between this and any other State : 

Vacating roads, town plats, streets or alleys : 

Relating to cemeteries, grave-yards, or public grounds not of the State : 

Authorizing the adoption or legitimation of children : 

Locating or changing county seats, erecting new counties or changing 
county lines : 

Incorporating cities, towns or villages, or changing their charters : 

For the opening and conducting of elections, or fixing or changing the 
place of voting : 

Granting divorces : 

Erecting new townships or boroughs, changing township lines, borough 
limits or school districts : 

Creating offices, or prescribing the powers and duties of officers in coun- 
ties, cities, boroughs, townships, election or school districts : 

Changing the law of descent or succession : 

Regulating the practice or jurisdiction of, or changing the rules of evidence 
in, any judicial proceeding or inquiry before courts, aldermen, justices of the 
peace, sheriffs, commissioners, arbitrators, auditors, masters in chancery or 
other tribunals, or providing or changing methods for the collection of debts, 
or the enforcing of judgments, or prescribing the effect of judicial sales of 
real estate : 

Regulating the fees, or extending the powers and duties of aldermen, 
justices of the peace, magistrates or constables: 

Regulating the management of public schools, the building or repairing of 
school-houses and the raising of money for such purposes : 

Fixing the rate of interest : 

Affecting the estates of minors or persons under disability, except after 
due notice to all parties in interest, to be recited in the special enactment : 

Remitting fines, penalties and forfeitures, or refunding moneys legally paid 
into the treasury : 

Exempting property from taxation : 

Regulating labor, trade, mining or manufacturing: 

Creating corporations, or amending, renewing or extending the charters 
thereof: 

Granting to any corporation, association or individual any special or ex- 
clusive privilege or immunity, or to any corporation, association or individual 
the right to lay down a railroad track : 



204 THE CONSTITUTION OF PENNSYLVANIA 

Nor shall the General Assembly indirectly enact such special or local law 
by the partial repeal of a general law; but laws repealing local or special acts 
may be passed : 

Nor shall any law be passed granting powers or privileges in any case 
where the granting of such powers and privileges shall have been provided 
for by general law, nor where the courts have jurisdiction to grant the same 
or give the relief asked for. 

Notice of Local and Special Bills 

Sec. 8. No local or special bill shall be passed unless notice of the inten- 
tion to apply therefor shall have been published in the locality where the 
matter or the thing to be effected may be situated, which notice shall be at 
least thirty days prior to the introduction into the General Assembly of such 
bill and in the manner to be provided by law; the evidence of such notice 
having been published, shall be exhibited in the General Assembly before 
such act shall be passed. 

Signing of Bills 

Sec. 9. The presiding officer of each House shall, in the presence of the 
House over which he presides, sign all bills and joint resolutions passed 
by the General Assembly, after their titles have been publicly read im- 
mediately before signing, and the fact of signing shall be entered on the 
journal. 

Officers of the General Assembly 

Sec. 10. The General Assembly shall prescribe by law the number, duties 
and compensation of the officers and employes of each House, and no pay- 
ment shall be made from the State treasury, or be in any way authorized, 
to any person, except to an acting officer or employe elected or appointed 
in pursuance of law. 

Extra Co?npensation Prohibited — Pay??ient of Claims Against the 

Com m n wealth 

Sec. 11. No bill shall be passed giving any extra compensation to any pub- 
lic officer, servant, employe, agent or contractor, after services shall have been 
rendered or contract made, nor providing for the payment of any claim against 
the Commonwealth without previous authority of law. 

Public Contract for Supplies 

Sec. 12. All stationery, printing, paper and fuel used in the legislative and 
other departments of government shall be furnished, and the printing, binding 
and distribution of the laws, journals, department reports, and all other print- 
ing and binding, and the repairing and furnishing the halls and rooms used 
for the meetings of the General Assembly and its committees, shall be per- 



THE CONSTITUTION OF PENNSYLVANIA 205 

formed under contract to be given to the lowest responsible bidder below such 
maximum price and under such regulations as shall be prescribed by law; no 
member or officer of any department of the government shall be in any way 
interested in such contracts, and all such contracts shall be subject to the ap- 
proval of the Governor, Auditor General and State Treasurer. 

Extension of Official Terms and Increase of Salaries Prohibited 

Sec. 13. No law shall extend the term of any public officer, or increase or 
diminish his salary or emoluments, after his election or appointment. 

Revenue Bills 

Sec. 14. All bills for raising revenue shall originate in the House of Rep- 
resentatives, but the Senate may propose amendments as in other bills. 

Appropriation Bills 

Sec. 15. The general appropriation bill shall embrace nothing but appro- 
priations for the ordinary expenses of the executive, legislative and judicial de- 
partments of the Commonwealth, interest on the public debt and for public 
schools; all other appropriations shall be made by separate bills, each em- 
bracing but one subject. 

Public Moneys — How Paid Out 

Sec. 16. No money shall be paid out of the treasury, except upon appro- 
priations made by law, and on warrant drawn by the proper officer in pursu- 
ance thereof. 

Appropriations to Charitable and Educational Institutions 
Sec. 17. No appropriations shall be made to any charitable or educational 
institution not under the absolute control of the Commonwealth, other than 
normal schools established by law for the professional training of teachers for 
the public schools of the State, except by a vote of two-thirds of all the mem- 
bers elected to each House. 

Appropriations — How limited 

Sec. 18. No appropriations, except for pensions or gratuities for military 
services, shall be made for charitable, educational or benevolent purposes, to 
any person or community, nor to any denominational or sectarian institution, 
corporation or association. 

Appropriations to Institutions for Soldiers'* Widoivs and Orphans 
Sec. 19. The General Assembly may make appropriations of money to in- 
stitutions wherein the widows of soldiers are supported or assisted, or the 
orphans of soldiers are maintained and educated; but such appropriations 
shall be applied exclusively to the support of such widows and orphans. 



206 THE CONSTITUTION OF PENNSYLVANIA 

Municipal Powers not to be Delegated to Special Commissions, &c. 

Sec. 20. The General Assembly shall not delegate to any special commis- 
sion, private corporation or association, any power to make, supervise or in- 
terfere with any municipal improvement, money, property or effects, whether 
held in trust or otherwise, or to levy taxes or perform any municipal function 
whatever. 

Suits for Damages in Case of Injuries Resulting in Death, or for 
Injuries to Persons or Properly — How not to be Limited 

Sec. 21. No act of the General Assembly shall limit the amount to be re- 
covered for injuries resulting in death, or for injuries to persons or property, 
and, in case of death from such injuries, the right of action shall survive, and 
the General Assembly shall prescribe for whose benefit such actions shall be 
prosecuted. No act shall prescribe any limitations of time within which suits 
may be brought against corporations for injuries to persons or property, or for 
other causes different from those fixed by general laws regulating actions 
against natural persons, and such acts now existing are avoided. 

Investment of Trust Funds by Executors, drY. 

Sec. 22. No act of the General Assembly shall authorize the investment of 
trust funds by executors, administrators, guardians or other trustees, in the 
bonds or stock of any private corporation, and such acts now existing are 
avoided saving investments heretofore made. 

Change of Venue 

Sec. 23. The power to change the venue in civil and criminal cases shall 
be vested in the courts, to be exercised in such manner as shall be provided 
by law. 

Corporate Obligations Owned by the Commonwealth 

Sec. 24. No obligation or liability of any railroad or other corporation, held 
or owned by the Commonwealth, shall ever be exchanged, transferred, re- 
mitted, postponed or in any way diminished by the General Assembly, nor 
shall such liability or obligation be released, except by payment thereof into 
the State treasury. 

Legislation at Special Sessions 

Sec. 25. When the General Assembly shall be convened in special session, 
there shall be no legislation upon subjects other than those designated in the 
proclamation of the Governor calling such sessions. 

Actions on Concurrent Resolutions, &c. 

Sec, 26. Every order, resolution or vote, to which the concurrence of both 
Houses may be necessary, except on the question of adjournment, shall be 



THE CONSTITUTION OF PENNSYLVANIA 20/ 

presented to the Governor and before it shall take effect be approved by him, 
or being disapproved, shall be re-passed by two-thirds of both Houses accord- 
ing to the rules and limitations prescribed in case of a bill. 

Inspectors of Merchandise 

Sec. 27. No State office shall be continued or created for the inspection or 
measuring of any merchandise, manufacture or commodity, but any county or 
municipality may appoint such officers when authorized by law. 

Changing Location of State Capital 

Sec. 28. No law changing the location of the Capital of the State shall be 
valid until the same shall have been submitted to the qualified electors of the 
Commonwealth at a general election and ratified and approved by them. 

Members of the General Assembly — When Guilty of Bribery — Pun- 
ishment 

Sec. 29. A member of the General Assembly who shall solicit, demand or 
receive, or consent to receive, directly or indirectly, for himself or for another, 
from any company, corporation or person, any money, office, appointment, 
employment, testimonial, reward, thing of value or enjoyment, or of per- 
sonal advantage, or promise thereof, for his vote, or official influence, or for 
withholding the same, or with an understanding, expressed or implied, that 
his vote or official action shall be in any way influenced thereby, or who 
shall solicit or demand any such money or other advantage, matter or thing 
aforesaid for another, as the consideration of his vote or official influence, or 
for withholding the same, or shall give or withhold his vote or influence in 
consideration of the payment or promise of such money, advantage, matter 
or thing to another, shall be held guilty of bribery within the meaning of this 
Constitution, and shall incur the disabilities provided thereby for said offence, 
and such additional punishment as is or shall be provided by law. 

Bribery of State Officers Defined 

Sec. 30. Any person who shall, directly or indirectly, offer, give or promise, 
any money, or thing of value, testimonial, privilege or personal advantage, to 
any executive or judicial officer, or member of the General Assembly, to in- 
fluence him in the performance of any of his public or official duties, shall be 
guilty of bribery and be punished in such manner as shall be provided by law. 

Corrupt Solicitation of Officials to be Defined by Law — Punishment 

Sec. 31. The offence of corrupt solicitation of members of the General As- 
sembly or of public officers of the State or of any municipal division thereof, 
and any occupation or practice of solicitation of such members or officers to 
influence their official action, shall be defined by law and shall be punished by 
fine and imprisonment. 



208 THE CONSTITUTION OF PENNSYLVANIA 



Bribery or Corrupt Solicitatio7i — Testimony Against Persons Accused of 
— Disqualification on Conviction 

Sec. 32. Any person may be compelled to testify in any lawful investigation or 
judicial proceeding against any person who may be charged with having com- 
mitted the offence of bribery or corrupt solicitation, or practices of solicitation, 
and shall not be permitted to withhold his testimony upon the ground that it 
may incriminate himself or subject him to public infamy; but such testimony 
shall not afterwards be used against him in any judicial proceeding, except 
for perjury in giving such testimony, and any person convicted of either of the 
offences aforesaid shall, as part of the punishment therefor, be disqualified from 
holding any office or position of honor, trust or profit in this Commonwealth. 

Members Interested not to Vote 

Sec. 33. A member who has a personal or private interest in any measure 
or bill proposed or pending before the General Assembly shall disclose the 
fact to the House of which he is a member, and shall not vote thereon. 



ARTICLE IV 
THE EXECUTIVE 

Executive Department — of What Consisting" 

Sec. I. The executive department of this Commonwealth shall consist of a 
Governor, Lieutenant Governor, Secretary of the Commonwealth, Attorney 
General, Auditor General, State Treasurer, Secretary of Internal Affairs and a 
Superintendent of Public Instruction. 

Governor — Election — Returns — Tie Vote — Contested Elections 

Sec. 2. The supreme executive power shall be vested in the Governor, who 
shall take care that the laws be faithfully executed; he shall be chosen on the 
day of the general election, by the qualified electors of the Commonwealth, at 
the places where they shall vote for Representatives. The returns of every 
election for Governor shall be sealed up and transmitted to the seat of govern- 
ment, directed to the President of the Senate, who shall open and publish 
them in the presence of the members of both Houses of the General Assembly. 
The person having the highest number of votes shall be Governor, but if two 
or more be equal and highest in votes, one of them shall be chosen Governor 
by the joint vote of the members of both Houses. Contested elections shall 
be determined by a committee, to be selected from both Houses of the Gen- 
eral Assembly, and formed and regulated in such manner as shall be directed 
bv law. 



THE CONSTITUTION OF PENNSYLVANIA 209 

Term of Office 

Sec. 3. The Governor shall hold his office during four years from the third 
Tuesday of January next ensuing his election, and shall not be eligible to the 
office for the next succeeding term. 

Lieutenant Governor — To be President of the Senate 

Sec. 4. A Lieutenant Governor shall be chosen at the same time, in the 
same manner, for the same term, and subject to the same provisions as the 
Governor; he shall be president of the Senate, but shall have no vote unless 
they be equally divided. 

Qualifications of Governor and Lieutenant Governor 

Sec. 5. No person shall be eligible to the office of Governor or Lieutenant 
Governor except a citizen of the United States, who shall have attained the 
age of thirty years, and have been seven years next preceding his election an 
inhabitant of the State, unless he shall have been absent on the public busi- 
ness of the United States or of this State. 

Disqualifications for Offices of Governor and Lieutenant Governor 

Sec. 6. No member of Congress or person holding any office under the 
United States or this State shall exercise the office of Governor or Lieutenant 
Governor. 

Military Power 

Sec. 7. The Governor shall be commander-in-chief of the army and navy 
of the Commonwealth, and of the militia, except when they shall be called into 
the actual service of the United States. 

Appointing Power — Filling Vacancies — Confirmations 

Sec. 8. He shall nominate and, by and with the advice and consent of two- 
thirds of all the members of the Senate, appoint a Secretary of the Common- 
wealth and an Attorney General during pleasure, a Superintendent of Public 
Instruction for four years, and such other officers of the Commonwealth as he 
is or may be authorized by the Constitution or by law to appoint; he shall have 
power to fill all vacancies that may happen, in offices to which he may appoint, 
during the recess of the Senate, by granting commissions which shall expire at 
the end of their next session; he shall have power to fill any vacancy that may 
happen, during the recess of the Senate, in the office of Auditor General, 
State Treasurer, Secretary of Internal Affairs or Superintendent of Public In- 
struction, in a judicial office, or in any other elective office which he is or may 
be authorized to fill; if the vacancy shall happen during the session of the Sen- 
ate, the Governor shall nominate to the Senate, before their final adjournment 
a proper person to fill said vacancy; but in any such case of vacancy, in an 
elective office, a person shall be chosen to said office of the next general elec- 



210 THE CONSTITUTION OF PENNSYLVANIA 

tion, unless the vacancy shall happen within three calendar months immedi- 
ately preceding such election, in which case the election for such said office 
shall be held at the second succeeding general election. In acting on execu- 
tive nominations the Senate shall sit with open doors, and, in confirming or 
rejecting the nominations of the Governor, the vote shall be taken by yeas 
and nays, and shall be entered on the journal. 

Pardoning Power — Board of Pardons 

Sec. 9. He shall have power to remit fines and forfeitures, to grant reprieves, 
commutations of sentence and pardons, except in cases of impeachment; but ' 
no pardon shall be granted, nor sentence commuted, except upon the recom- 
mendation in writing of the Lieutenant Governor, Secretary of the Common- 
wealth, Attorney General and Secretary of Internal Affairs, or any three of 
them, after full hearing, upon due public notice and in open session, and such 
recommendation, with the reasons therefor at length, shall be recorded and 
filed in the office of the Secretary of the Commonwealth. 

Information from Officers 

Sec. 10. He may require information in writing from the officers of the 
executive department, upon any subject relating to the duties of their respec- 
tive offices. 

Information to the legislature 

Sec. II. He shall, from time to time, give to the General Assembly in- 
formation of the state of the Commonwealth, and recommend to their con- 
sideration such measures as he may judge expedient. 

May Convene, and in Certain Cases, Adjourn the Legislature 

Sec. 12. He may, on extraordinary occasions, convene the General Assem- 
bly, and in case of disagreement between the two Houses, with respect to the 
time of adjournment, adjourn them to such time as he shall think proper, 
not exceeding four months. He shall have power to convene the Senate in 
extraordinary session by proclamation for the transaction of executive busi- 
ness. 

When Lieutenant Governor to Act as Governor 

Sec. 13. In case of death, conviction on impeachment, failure to qualify, 
resignation, or other disability of the Governor, the powers, duties and emol- 
uments of the office for the remainder of the term, or until the disability 
be removed, shall devolve upon the Lieutenant Governor. 

President pro lenipore of Senate — May Become Lieutenant Governor and 

Goverfior 

Sec. 14. In case of a vacancy in the office of Lieutenant Governor, or 
when the Lieutenant Governor shalt be impeached by the House of Rep- 
resentatives, or shall be unable to exercise the duties of his office, the powers, 



THE CONSTITUTION OF PENNSYLVANIA 211 

duties and emoluments thereof for the remainder of the term, or until the 
disability be removed, shall devolve upon the President pro tempore of the 
Senate; and the President pro tempore of the Senate shall in like manner 
become Governor if a vacancy or disability shall occur in the office of Gov- 
ernor; his seat as Senator shall become vacant whenever he shall become 
Governor, and shall be filled by election as any other vacancy in the Senate. 

Bills — Approval of — How Vetoed — Passing over Veto — Not Signed or 
Vetoed Become Laws 

Sec. 15. Every bill which shall have passed both Houses shall be pre- 
sented to the Governor; if he approve he shall sign it, but if he shall not 
approve he shall return it with his objections to the House in which it shall 
have originated, which House shall enter the objections at large upon their 
journal, and proceed to reconsider it. If, after such reconsideration, two- 
thirds of all the members elected to that House shall agree to pass the bill, 
it shall be sent with the objections to the other House by which likewise 
it shall be reconsidered, and if approved by two-thirds of all the members 
elected to that House it shall be a law; but in such cases the votes of both 
Houses shall be determined by yeas and nays, and the names of the mem- 
bers voting for and against the bill shall be entered on the journals of each 
House, respectively. If any bill shall not be returned by the Governor 
within ten days after it shall have been presented to him, the same shall be 
a law in like manner as if he had signed it, unless the General Assembly, 
by their adjournment, prevent its return, in which case it shall be a law, 
unless he shall file the same, with his objections, in the office of the Secretary 
of the Commonwealth, and give notice thereof by public proclamation within 
thirty days after such adjournment. 

Partial Disapproval of Appropriation Bills 

Sec. 16. The Governor shall have power to disapprove of any item or 
items of any bill, making appropriations of money, embracing distinct items, 
and the part or parts of the bill approved shall be the law, and the item or 
items of appropriation disapproved shall be void, unless repassed according 
to the rules and limitations prescribed for the passage of other bills over the 
executive veto. 

Governor and Lieutenant Governor — Trial of Contested Elections of — 
Hold Office until Successors are Qualified 

Sec. 17. The Chief Justice of the Supreme Court shall preside upon the 
trial of any contested election of Governor or Lieutenant Governor and shall 
decide questions regarding the admissibility of evidence, and shall, upon 
request of the committee, pronounce his opinion upon other questions of law 
involved in the trial. The Governor and Lieutenant Governor shall exercise 
the duties of their respective offices until their successors shall be duly 
qualified. 



212 THE CONSTITUTION OF PENNSYLVANIA 



Secretary of the Commonwealth — Duties of 

Sec. 1 8. The Secretary of the Commonwealth shall keep a record of all 
official acts and proceedings of the Governor, and when required lay the 
same, with all papers, minutes and vouchers relating thereto, before either 
branch of the General Assembly, and perform, such other duties as maybe 
enjoined upon him by law. 

Secretary of Internal Affairs — Duties of 

Sec. 19. The Secretary of Internal Affairs shall exercise all the powers 
and perform all the duties of the Surveyor General, subject to such changes 
as shall be made by law. His department shall embrace a bureau of indus- 
trial statistics, and he shall discharge such duties relating to corporations, 
to the charitable institutions, the agricultural, manufacturing, mining, min- 
eral, timber and other material or business interests of the State as may be 
prescribed by law. He shall annually, and at such other times as may be re- 
quired by law, make report to the General Assembly. 

Superintendent of Public Instruction — Duties of 

Sec. 20. The Superintendent of Public Instruction shall exercise all the 
powers and perform all the duties of the Superintendent of Common Schools, 
subject to such changes as shall be made by law. 

Terms of Office 

Sec. 21. The term of the Secretary of Internal Affairs shall be four years; 
of the Auditor General three years; and of the State Treasurer two years. 
These officers shall be chosen by the qualified electors of the State at gen- 
eral elections. No person elected to the office of Auditor General or State 
Treasurer shall be capable of holding the same office for two consecutive 
terms. 

State Seal — Commissions 

Sec. 22. The present Great Seal of Pennsylvania shall be the seal of the 
State. All commissions shall be in the name and by the authority of the 
Commonwealth of Pennsylvania, and be sealed with the State seal and signed 
by the Governor. 

ARTICLE V 
THE JUDICIARY 

Judicial Power — How Vested 

Sec. 1. The judicial power of this Commonwealth shall be vested in a 
Supreme Court, in courts of Common Pleas, courts of Oyer and Terminer and 
General Jail Delivery, courts of Quarter Sessions of the Peace, Orphans 7 



THE CONSTITUTION OF PENNSYLVANIA 213 

Courts, Magistrates' Courts, and in such other courts as the General Assembly 
may from time to time establish. 

Supreme Court — Terms of Judges — Chief Justice 

Sec. 2. The Supreme Court shall consist of seven judges, who shall be 
elected by the qualified electors of the State at large. They shall hold their 
office for the term of twenty-one years, if they so long behave themselves well 
but shall not be again eligible. The judge whose commission shall first ex- 
pire shall be chief justice, and thereafter each judge whose commission shall 
first expire shall in turn be chief justice. 

Supreme Court — Jurisdiction and Powers of 

Sec. 3. The jurisdiction of the Supreme Court shall extend over the 
State, and the judges thereof shall, by virtue of their offices, be justices of Oyer 
and Terminer and General Jail Delivery in the several counties; they shall 
have original jurisdiction in cases of injunction where a corporation is a party 
defendant, of habeas corpus of mandamus to courts of inferior jurisdiction, and 
of quo warranto as to all officers of the Commonwealth whose jurisdiction 
extends over the State, but shall not exercise any other original jurisdiction; 
they shall have appellate jurisdiction by appeal, certiorari or writ of error in 
all cases, as is now or may hereafter be provided by law. 

Common Pleas Courts 

Sec. 4. Until otherwise directed by law, the courts of Common Pleas shall 
continue as at present established, except as herein changed; not more than 
four counties shall, at any time, be included in one judicial district organized 
for said courts. 

Judicial Districts — Associate Judges 

Sec. 5. Whenever a county shall contain forty thousand inhabitants it shall 
constitute a separate judicial district, and shall elect one judge learned in the 
law; and the General Assembly shall provide for additional judges, as the 
business of the said districts may require. Counties containing a population 
less than is sufficient to constitute separate districts shall be formed into con- 
venient single districts, or, if necessary, may be attached to contiguous districts 
as the General Assembly may provide. The office of associate judge, not 
learned in the law, is abolished in counties forming separate districts; but the 
several associate judges in office when this Constitution shall be adopted shall 
serve for their unexpired terms. 

Common Pleas Courts of Philadelphia and Allegheny Counties — a Num- 
ber of Jtidges in any County may be Increased 

Sec. 6. In the counties of Philadelphia and Allegheny all the jurisdiction 
and powers not vested in the District courts and courts of Common Pleas, 



214 THE CONSTITUTION OF PENNSYLVANIA 

subject to such changes as may be made by this Constitution or by law, shall 
be in Philadelphia vested in four, and in Allegheny in two, distinct and sepa- 
rate courts of equal and co-ordinate jurisdiction, composed of three judges 
each; the said courts in Philadelphia shall be designated respectively as the 
court of Common Pleas number one, number two, number three and number 
four, and in Allegheny as the court of Common Pleas number one and two, 
but the number of said courts may be by law increased, from time to time, and 
shall be in like manner designated by successive numbers; the number of 
judges in any of said courts, or in any county where the establishment of an 
additional court may be authorized by law, may be increased from time to 
time, and whenever such increase shall amount in the whole to three, such 
three judges shall compose a distinct and separate court as aforesaid, which 
shall be numbered as aforesaid. In Philadelphia all suits shall be instituted in 
the said courts of Common Pleas without designating the number of said 
court, and the several courts shall distribute and apportion the business among 
them in such manner as shall be provided by rules of court, and each court, to 
which any suit shall be thus assigned, shall have exclusive jurisdiction thereof, 
subject to change of venue, as shall be provided by law. In Allegheny each 
court shall have exclusive jurisdiction of all proceedings at law and in equity, 
commenced therein, subject to change of venue as may be provided by law. 

Prothonotary of Philadelphia — Term — Assistants — Salaries — Fees — 

Court Dockets 

Sec. 7. For Philadelphia there shall be one prothonotary's office, and one 
prothonotary for all said courts to be appointed by the judges of said courts, 
and to hold office for three years, subject to removal by a majority of the said 
judges; the said prothonotary shall appoint such assistants as may be necessary 
and authorized by said courts; and he and his assistants shall receive fixed 
salaries, to be determined by law and paid by said county; all fees collected 
in said office, except such as may be by law due to the Commonwealth, shall 
be paid by the prothonotary into the county treasury. Each court shall 
have its separate dockets, except the judgment docket, which shall contain 
the judgments and liens of all the said courts, as is or may be directed by law. 

Criminal Courts in Philadelphia and Allegheny Counties — Assignment 

of Judges to 

Sec. 8. The said courts in the counties of Philadelphia and Allegheny, re- 
spectively, shall, from time to time, in turn detail one or more of their judges 
to hold the courts of Oyer and Terminer and the courts of Quarter Sessions 
of the peace of said counties, in such manner as may be directed by law. 

Duties of Co7?imon Pleas Judges 

Sec. 9. Judges of the courts of Common Pleas learned in the law shall be 
judges of the courts of Oyer and Terminer, Quarter Sessions of the Peace and 



THE CONSTITUTION OF PENNSYLVANIA 21 5 

General Jail Delivery, and of the Orphans' Court and within their respective 
districts shall be Justices of the Peace as to criminal matters. 

Judges of Common Pleas Courts may Issue Writs of Certiorari 

Sec. 10. The judges of the courts of Common Pleas, within their respective 
counties, shall have power to issue writs of certiorari to justices of the peace 
and other inferior courts not of record, and to cause their proceedings to be 
brought before them, and right and justice to be done. 

fustices of the Peace and Aldermen — Election, Term, Number and 

Qualification 

Sec. II. Except as otherwise provided in this Constitution, justices of the 
peace or aldermen shall be elected in the several wards, districts, boroughs 
and townships at the time of the election of constables, by the qualified elec- 
tors thereof, in such manner as shall be directed by law, and shall be com- 
missioned by the Governor for a term of five years. No township, ward, 
district or borough shall elect more than two justices of the peace or aldermen 
without the consent of a majority of the qualified electors within such township, 
ward or borough; no person shall be elected to such office unless he shall 
have resided within the township, borough, ward or district for one year next 
preceding his election. In cities containing over fifty thousand inhabitants, 
not more than one alderman shall be elected in each ward or district. 

Magistrates Courts in Philadelphia — Election — Salaries — Jurisdic- 
tion 

Sec. 12. In Philadelphia there shall be established, for each thirty thousand 
inhabitants, one court not of record, of police and civil causes, with jurisdiction 
not exceeding one hundred dollars; such courts shall be held by magistrates 
whose term of office shall be five years, and they shall be elected on general 
ticket by the qualified voters at large; and in the election of the said magis- 
trates no voter shall vote for more than two-thirds of the number of persons to 
be elected when more than one are to be chosen; they shall be compensated 
only by fixed salaries, to be paid by said county; and shall exercise such juris- 
diction, civil and criminal, except as herein provided, as is now exercised by 
aldermen, subject to such changes, not involving an increase of civil jurisdiction 
or conferring political duties, as may be made by law. In Philadelphia the 
office of alderman is abolished. 

Fees, Fines and Penalties 

Sec. 13. All fees, fines and penalties in said courts shall be paid into the 
county treasury. 

Right of Appeal from Decisions of Courts not of Record 

Sec. 14. In all cases of summary conviction in this Commonwealth, or 
of judgment in suit for a penalty before a magistrate, or court not of record, 



2l6 THE CONSTITUTION OF PENNSYLVANIA 

either party may appeal to such court of record as may be prescribed by 
law, upon allowance of the appellate court or judge thereof upon cause 
shown. 

Election of Judges — Term of Office — Removal for Cause 

Sec. 15. All judges required to be learned in the law, except the judges 
of the Supreme Court, shall be elected by the qualified electors of the re- 
spective districts over which they are to preside, and shall hold their offices 
for the period of ten years, if they shall so long behave themselves well ; 
but for any reasonable cause, which shall not be sufficient ground for im- 
peachment, the Governor may remove any of them on the address of two- 
thirds of each house of the General Assembly. 

Voting for Judges of Supreme Court 

Sec. 16. Whenever two judges of the Supreme Court are to be chosen 
for the same term of service each voter shall vote for one only, and when 
three are to be chosen he shall vote for no more than two; candidates highest 
in vote shall be declared elected. 

Priority of Judges' Commissions 

Sec. 17. Should any two or more judges of the Supreme Court, or any 
two or more judges of the court of Common Pleas for the same district, be 
elected at the same time, they shall, as soon after the election as convenient, 
cast lots for priority of commission, and certify the result to the Governor, 
who shall issue their commissions in accordance therewith. 

Compensation of Judges 

Sec. 18. The judges of the Supreme Court and the judges of the several 
courts of Common Pleas, and all other judges required to be learned in the 
law, shall at stated times receive for their services an adequate compensation, 
which shall be fixed by law, and paid by the State. They shall receive no 
other compensation, fees or perquisites of office for their services from any 
source, nor hold any other office of profit under the United States, this State 
or any other State. 

Residences of Judges 

Sec. 19. The judges of the Supreme Court, during their continuance in 
office, shall reside within this Commonwealth; and the other judges, during 
their continuance in office, shall reside within the districts for which they 
shall be respectively elected. 

Common Pleas Courts — Chancery Powers of 

Sec. 20. The several courts of Common Pleas, besides the powers herein 
conferred, shall have and exercise within their respective districts, subject to 



THE CONSTITUTION OF PENNSYLVANIA 217 

such changes as may be made by law, such chancery powers as are now 
vested by law in several courts of Common Pleas of this Commonwealth, or 
as may hereafter be conferred upon them by law. 

Supreme Court — Limitations to Duties and Powers of — Court of Nisi Prius 

Abolished 

Sec. 21. No duties shall be imposed by law upon the Supreme Court or 
any of the judges thereof except such as are judicial, nor shall any of the 
judges thereof exercise any power of appointment except as herein provided. 
The court of Nisi Prius is hereby abolished, and no court of original juris- 
diction to be presided over by any one or more of the judges of the Supreme 
Court shall be established. 

Orphans'* Courts — Auditing of Accounts — Registers* Courts Abolished 

Sec. 22. In every county wherein the population shall exceed one hun- 
dred and fifty thousand the General Assembly shall, and in any other county 
may, establish a separate Orphans' Court to consist of one or more judges 
who shall be learned in the law, which court shall exercise all the jurisdiction 
and powers now vested in or which may hereafter be conferred upon the 
Orphans' courts, and thereupon the jurisdiction of the judges of the court 
of Common Pleas within such county, in Orphans' court proceedings, shall 
cease and determine. In any county in which a separate Orphans' Court 
shall be established, the register of wills shall be clerk of such court and 
subject to its directions in all matters pertaining to his office; he may appoint 
assistant clerks, but only with the consent and approval of said court. All 
accounts filed with him as register or as clerk of the said separate Orphans' 
Court shall be audited by the court without expense to parties, except where 
all parties in interest in a pending proceeding shall nominate an auditor 
whom the court may, in its discretion, appoint. In every county Orphans' 
courts shall possess all the powers and jurisdiction of a Registers' court, and 
separate Registers' courts are hereby abolished. 

Style of Criminal Process — Prosecutions 

Sec. 23. The style of all process shall be " The Commonwealth of Penn- 
sylvania." All prosecutions shall be carried on in the name and by the 
authority of the Commonwealth of Pennsylvania, and conclude " against the 
peace and dignity of the same." 

Right of Appeal in Criminal Cases 

Sec. 24. In all cases of felonious homicide, and in such other criminal 
cases as may be provided for by law, the accused after conviction and sen- 
tence may remove the indictment, record and all proceedings to the Supreme 
Court for review. 



2l8 THE CONSTITUTION OF PENNSYLVANIA 

Vacancies in Courts of Record — How Filled 

Sec. 25. Any vacancy happening by death, resignation or otherwise, in 
any court of record, shall be filled by appointment by the Governor, to con- 
tinue till the first Monday of January next succeeding the first general election 
which shall occur three or more months after the happening of such vacancy. 

Laws Relating to Courts to be Unifor?n — Certain Courts not to be Created 

Sec. 26. All laws relating to courts shall be general and of uniform 
operation, and the organization, jurisdiction and powers of all courts of the 
same class or grade, so far as regulated by law, and the force and effect of the 
process and judgments of such courts, shall be uniform; and the General 
Assembly is hereby prohibited from creating other courts to exercise the 
powers vested by this Constitution in the judges of the courts of Common 
Pleas and Orphans' courts. 

Jury Trials ?nay be Dispeiised with in Civil Cases 

Sec. 27. The parties, by agreement filed, may in any civil case dispense 
with trial by jury, and submit the decision of such case to the court having 
jurisdiction thereof, and such court shall hear and determine the same; and 
the judgment thereon shall be subject to writ of error as in other cases. 

ARTICLE VI 

IMPEACHMENT AND REMOVAL FROM OFFICE 

Power of Impeachment 

Sec. 1. The House of Representatives shall have the sole power of im- 
peachment. 

Trials of Impeachme?it 

Sec. 2. All impeachments shall be tried by the Senate; when sitting for 
that purpose the Senators shall be upon oath or affirmation; no person shall be 
convicted without the concurrence of two-thirds of the members present. 

Who may be Impeached — Judg?nent — Civil Trial 

Sec. 3. The Governor and all other civil officers shall be liable to impeach- 
ment for any misdemeanor in office, but judgment in such cases shall not ex- 
tend further than to removal from office and disqualification to hold any office 
of trust or profit under this Commonwealth; the person accused, whether 
convicted or acquitted, shall nevertheless be liable to indictment, trial, judg- 
ment and punishment, according to law. 

Public Officers may be Removed for Cause — How Removed 

Sec. 4. All officers shall hold their offices on the condition that they behave 
themselves well while in office, and shall be removed on conviction of mis- 



THE CONSTITUTION OF PENNSYLVANIA 219 

behavior in office or of any infamous crime. Appointed officers, other than 
judges of the courts of record and the Superintendent of Public Instruction, 
may be removed at the pleasure of the power by which they shall have been 
appointed. All officers elected by the people, except Governor, Lieutenant 
Governor, members of the General Assembly 'and judges of the courts of 
record learned in the law, shall be removed by the Governor for reasonable 
cause, after due notice and full hearing, on the address of two-thirds of the 
Senate. 

ARTICLE VII 

OATH OF OFFICE 

Official Oaths — How Administered 

Sec. I. Senators and Representatives and all judicial, State and county 
officers shall, before entering on the duties of their respective offices, take and 
subscribe the following oath or affirmation : 

" I do solemnly swear (or affirm) that I will support, obey and defend the 
Constitution of the United States, and the Constitution of this Commonwealth, 
and that I will discharge the duties of my office with fidelity; that I have not 
paid or contributed, or promised to pay or contribute, either directly or in- 
directly, any money or other valuable thing, to procure my nomination or 
election, (or appointment,) except for necessary and proper expenses expressly 
authorized by law; that I have not knowingly violated any election law of this 
Commonwealth, or procured it to be done by others in my behalf; that I will 
not knowingly receive, directly or indirectly, any money or other valuable 
thing for the performance or non-performance of any act or duty pertaining to 
my office, other than the compensation allowed by law." 

The foregoing oath shall be administered by some person authorized to ad- 
minister oaths, and in case of state officers and judges of the Supreme Court, 
shall be filed in the office of the Secretary of the Commonwealth, and in the 
case of other judicial and county officers, in the office of the prothonotary of 
the county in which the same is taken; any person refusing to take said oath 
or affirmation shall forfeit his office; and any person who shall be convicted of 
having sworn or affirmed falsely, or of having violated said oath or affirmation, 
shall be guilty of perjury, and be forever disqualified from holding any office of 
trust or profit within this Commonwealth. The oath to the members of the 
Senate and House of Representatives shall be administered by one of the 
judges of the Supreme Court, or of a court of Common Pleas, learned in 
the law, in the hall of the House to which the members shall be elected. 



220 THE CONSTITUTION OF PENNSYLVANIA 



ARTICLE VIII 
SUFFRAGE AND ELECTIONS 
Qualifications of Electors 

*Sec. I. Every male citizen twenty-one years of age, possessing the follow- 
ing qualifications, shall be entitled to vote at all elections, subject however to 
such laws requiring and regulating the registration of electors as the General 
Assembly may enact : 

1. He shall have been a citizen of the United States at least one month. 

2. He shall have resided in the State one year (or, having previously been 
a qualified elector or native born citizen of the State, he shall have removed 
therefrom and returned, then six months), immediately preceding the elec- 
tion. 

3. He shall have resided in the election district where he shall offer to vote 
at least two months immediately preceding the election. 

4. If twenty-two years of age and upwards, he shall have paid within two 
years a State or county tax, which shall have been assessed at least two months 
and paid at least one month before the election. 

General Elections — When Held 

Sec. 2. The general election shall be held annually on the Tuesday next 
following the first Monday of November, but the General Assembly may by 
law fix a different day, two-thirds of all the members of each house consenting 
thereto. 

Municipal Elections — When Held 

Sec. 3. All elections for city, ward, borough and township officers, for reg- 
ular terms of service, shall be held on the third Tuesday of February. 

Elections to be by Ballot or Other Method — Secrecy in Voting to be 

Preserved 

t Sec. 4. All elections by the citizens shall be by ballot or by such other 

* Section 1 of Article 8, as given above, is Amendment No. 1, as adopted by a vote of the 
people November 5, 1901. The section previously read as follows: 

Sec. 1. Every male citizen twenty-one years of age, possessing the following qualifications, 
shall be entitled to vote at all elections: 

First. He shall have been a citizen of the United States at least one month. 

Second. He shall have resided in the State one year, (or if, having previously been a quali- 
fied elector or native-born citizen of the State, he shall have removed therefrom and returned, 
then six months,) immediately preceding the election. 

Third. He shall have resided in the election district where he shall offer to vote at least 
two months immediately preceding the election. 

Fourth. If twenty-two years of age or upwards, he shall have paid within two years a State 
or county tax, which shall have been assessed at least two months and paid at least one month 
before the election. 

t Section 4 of Article 8, as given above, is Amendment No. 3 as adopted by a vote of the 
people November 5, 1901. The section previously read as follows: 



THE CONSTITUTION OF PENNSYLVANIA 221 

method as may be prescribed by law : Provided, That secrecy in voting be pre- 
served. 

Electors Privileged from Arrest 

Sec. 5. Electors shall in all cases except treason, felony and breach or 
surety of the peace, be privileged from arrest during their attendance on elec- 
tions and going to and returning therefrom. 

Privileges of Electors in Actual Military Service 

Sec. 6. Whenever any of the qualified electors of this Commonwealth shall 
be in actual military service, under a requisition from the President of the 
United States, or by the authority of this Commonwealth, such electors may 
exercise the right of suffrage in all elections by the citizens, under such regu- 
lations as are or shall be prescribed by law, as fully as if they were present at 
their usual places of election. 

Election and Registration Laws to be Uniform — Registration Laws for 
Cities May be Enacted 

* Sec. 7. All laws regulating the holding of elections by the citizens or for 
the registration of electors shall be uniform throughout the State, but laws 
regulating and requiring the registration of electors may be enacted to apply 
to cities only : Provided, That such laws be "uniform for cities of the same 
class. 

Bribery of Electors — Penalty 

Sec. 8. Any person who shall give, or promise or offer to give, to an elec- 
tor, any money, reward or other valuable consideration for his vote at an 
election, or for withholding the same, or who shall give or promise to give 
such consideration to any other person or party for such elector's vote or for 
the withholding thereof, and any elector who shall receive or agree to receive, 
for himself or for another, any money, reward or other valuable consideration 
for his vote at an election, or for withholding the same shall thereby forfeit 
the right to vote at such election, and any elector whose right to vote shall be 
challenged for such cause before the election officers shall be required to 
sw r ear or affirm that the matter of the challenge is untrue before his vote 
shall be received. 

Sec. 4. All elections by the citizens shall be by ballot. Every ballot voted shall be num- 
bered in the order in which it shall be received, and the number recorded by the election offi- 
cers on the list of voters, opposite the name of the elector who presents the ballot. Any 
elector may write his name upon his ticket or cause the same to be written thereon and at- 
tested by a citizen of the district. The election officers shall be sworn or affirmed not to dis- 
close how any elector shall have voted unless required to do so as witnesses in a judicial pro- 
ceeding. 

* Section 7 of Article 8, as given above, is Amendment No. 2 as adopted by a vote of the 
people November 5, 1901. The section previously read as follows: 

Sec. 7. All laws regulating the holding of elections by the citizens or for the registration of 
electors shall be uniform throughout the State, but no elector shall be deprived of the privilege 
of voting by reason of his name not being registered. 



222 THE CONSTITUTION OF PENNSYLVANIA 

Violation of Election Laws — By Candidates and Others — Penalties 

Sec. 9. Any person who shall, while a candidate for office, be guilty of 
bribery, fraud, or wilful violation of any election law, shall be forever disquali- 
fied from holding an office of trust or profit in this Commonwealth; and any 
person convicted of wilful violation of the election laws shall, in addition to 
any penalties provided by law, be deprived of the right of suffrage absolutely 
for a term of four years. 

Contested Elections — Witnesses Compelled to Testify 

Sec. io. In trials of contested elections and in proceedings for the investi- 
gation of elections, no person shall be permitted to withhold his testimony 
upon the ground that it may criminate himself or subject him to public in- 
famy; but such testimony shall not afterwards be used against him in any 
judicial proceeding except for perjury in giving such testimony. 

Election Districts — Formation of — How Divided 

Sec. 11. Townships, and wards of cities or boroughs, shall form or be 
divided into election districts of compact and contiguous territory, in such 
manner as the court of Quarter Sessions of the city or county in which the 
same are located may direct; but districts in cities of over one hundred thou- 
sand inhabitants shall be divided by the Courts of Quarter Sessions, having 
jurisdiction therein, whenever at the next preceding election more than two 
hundred and fifty votes shall have been polled therein; and other election 
districts whenever the court of the proper county shall be of opinion that the 
convenience of the electors and the public interests will be promoted thereby. 

Viva Voce Elections — When Used 

Sec. 12. All elections by persons in a representative capacity shall be viva 
voce. 

Residence and Right to Vote of Government Officials and Certain Other 

Electors 

Sec. 13. For the purpose of voting no person shall be deemed to have 
gained a residence by reason of his presence, or lost it by reason of his absence, 
while employed in the service, either civil or military, of this State or of the 
United States, nor while engaged in the navigation of the waters of the State 
or of the United States, or on the high seas, nor while a student of any insti- 
tution of learning, nor while kept in any poorhouse or other asylum at public 
expense, nor while confined in public prison. 

District Election Boards — Of what Consisting — Privileges 

Sec. 14. District election boards shall consist of a judge and two inspectors, 
who shall be chosen annually by the citizens. Each elector shall have the 



THE CONSTITUTION OF PENNSYLVANIA 223 

right to vote for the judge and one inspector, and each inspector shall appoint 
one clerk. The first election board for any new district shall be selected, and 
vacancies in election boards filled, as shall be provided by law. Election offi- 
cers shall be privileged from arrest upon days of election, and while engaged 
in making up and transmitting returns, except upon warrant of a court of 
record or judge thereof, for an election fraud, for felony, or for wanton breach 
of the peace. In cities they may claim exemption from jury duty during their 
terms of service. 

Election Officers — Qualifications of — Eligibility to Civil Office 

Sec. 15. No person shall be qualified to serve as an election officer who 
shall hold, or shall within two months have held any office, appointment or em- 
ployment in or under the government of the United States or of this State, or 
of any city, or county, or of any municipal board, commission or trust in any city, 
save only justices of the peace and aldermen, notaries public and persons in the 
militia service of the State; nor shall any election officer be eligible to any 
civil office to be filled at an election at which he shall serve, save only to such 
subordinate municipal or local offices, below the grade of city or county offi- 
ces, as shall be designated by general law. 

Overseers of Election — How Appointed '— Number of — Qualifications — 

Powers of 

Sec. 16. The courts of Common Pleas of the several counties of the Com- 
monwealth shall have power, within their respective jurisdictions, to appoint 
overseers of election to superyise the proceedings of election officers and to 
make report to the court as may be required; such appointments to be made 
for any district in a city or county upon petition of five citizens, lawful voters 
of such election district, setting forth that such appointment is a reasonable 
precaution to secure the purity and fairness of elections; overseers shall be two 
in number for an election district, shall be residents therein, and shall be per- 
sons qualified to serve upon election boards, and in each case members of 
different political parties; whenever the members of an election board shall 
differ in opinion the overseers, if they shall be agreed thereon, shall decide the 
question of difference; in appointing overseers of election all the law judges 
of the proper court, able to act at the time, shall concur in the appointments 
made. 

Trial of Contested Elections — To be by Courts of Law — Legislature to 
Pass Laws Pegulating 

Sec. 17. The trial and determination of contested elections of electors of 
President and Vice-President, members of the General Assembly, and of all 
public officers, whether state, judicial, municipal or local, shall be by the courts 
of law. or by one or more of the law judges thereof; the General Assembly 
shall, by general law, designate the courts and judges by whom the several 



224 THE CONSTITUTION OF PENNSYLVANIA 

classes of election contests shall be tried, and regulate the manner of trial and 
all matters incident thereto; but no such law assigning jurisdiction, or regulat- 
ing its exercise, shall apply to any contest arising out of an election held before 
its passage. 

ARTICLE IX 
TAXATION AND FINANCE 

Uniformity of Taxation — Exemptions Under General Laws 

Sec. I. All taxes shall be uniform, upon the same class of subjects^ 
within the territorial limits of the authority levying the tax, and shall be 
levied and collected under general laws ; but the General Assembly may, 
by general laws, exempt from taxation public property used for public 
purposes, actual places of religious worship, places of burial not used or 
held for private or corporate profit, and institutions of purely public charity. 

Exemption froi?i Taxation Restricted 

Sec. 2. All laws exempting property from taxation, other than the 
property above enumerated, shall be void. 

Taxation of Corporations 

Sec. 3. The power to tax corporations and corporate property shall not 
be surrendered or suspended by any contract or grant to which the State 
shall be a party. 

State Debts — Creation of Restricted 

Sec. 4. No debt shall be created by or on behalf of the State except to 
supply casual deficiencies of revenue, repel invasion, suppress insurrection, 
defend the State in war, or to pay existing debt; and the debt created to 
supply deficiencies in revenue shall never exceed, in the aggregate at any one 
time, one million of dollars. 

Laws Authorizing State Lndebtedness Shall Specify the Purpose 

Sec. 5. All laws authorizing the borrowing of money by and on behalf 
of the State, shall specify the purpose for which the money is to be used, 
and the money so borrowed shall be used for the purpose specified and no 
other. 

Pledging of State Credit — Holding of Certain Securities Prohibited 

Sec. 6. The credit of the Commonwealth shall not be pledged or loaned 
to any individual, company, corporation or association, nor shall the Common- 
wealth become a joint-owner or stockholder in any company, association or 
corporation. 



THE CONSTITUTION OF PENNSYLVANIA 225 

Municipalities not to become Stockholders in Corporations, &°<r. 

Sec. 7. The General Assembly shall not authorize any county, city, • 
borough, township or incorporated district to become a stockholder in any 
company, association or corporation, or to obtain or appropriate money 
for, or to loan its credit to, any corporation, association, institution or in- 
dividual. 

Municipal Debt, Amount of, Limited 

Sec. 8. The debt of any county, city, borough, township, school district 
or other municipality or incorporated district, except as herein provided, 
shall never exceed seven per centum upon the assessed value of the tax- 
able property therein, nor shall any such municipality or district incur any 
new debt, or increase its indebtedness to an amount exceeding two per 
centum upon such assessed valuation of property, without the assent of the 
electors thereof at a public election in such manner as shall be provided by 
law; but any city, the debt of which now exceeds seven per centum of such 
assessed valuation, may be authorized by law to increase the same three per 
centum, in the aggregate at any one time, upon such valuation. 

State not to Assume Municipal Debts — Exceptions 

Sec. 9. The Commonwealth shall not assume the debt, or any part thereof, 
of any city, county, borough or township, unless such debt shall have been 
contracted to enable the State to repel invasion, suppress domestic insurrec- 
tion, defend itself in time of war, or to assist the State in the discharge of any 
portion of its present indebtedness. 

Municipalities Incurring Indebtedness must Provide for Payment by 
Annual Tax 

Sec. 10. Any county, township, school district or other municipality, in- 
curring any indebtedness shall, at or before the time of so doing, provide for 
the collection of an annual tax sufficient to pay the interest and also the 
principal thereof within thirty years. 

State Sinking Fund — of what Consisting — To be Increased — How 

Expended 

Sec. 11. To provide for the payment of the present State debt, and any 
additional debt contracted as aforesaid, the General Assembly shall continue 
and maintain the sinking fund, sufficient to pay the accruing interest on such 
debt, and annually to reduce the principal thereof by a sum not less than 
two hundred and fifty thousand dollars ; the said sinking fund shall consist 
of the proceeds of the sales of the public works or any part thereof, and of 
the income or proceeds of the sale of any stocks owned by the Common- 
wealth, together with other funds and resources that may be designated 



226 THE CONSTITUTION OF PENNSYLVANIA 

by law, and shall be increased from time to time by assigning to it any 
part of the taxes or other revenues of the State not required for the ordinary 
' and current expenses of government ; and unless in case of war, invasion 
or insurrection, no part of the said sinking fund shall be used or applied 
otherwise than in the extinguishment of the public debt. 

Surplus Funds Applied lo State Indebtedness — Sinking Fund Invest- 
ments 

Sec. 12. The moneys of the State, over and above the necessary reserve, 
shall be used in the payment of the debt of the State, either directly or through 
the sinking fund, and the moneys of the sinking fund shall never be invested 
in or loaned upon the security of anything, except the bonds of the United 
States, or of this State. 

Reserve Funds Limited — Monthly Statements to be Published 

Sec. 13. The moneys held as necessary reserve shall be limited by law 
to the amount required for current expenses, and shall be secured and kept 
as may be provided by law. Monthly statements shall be published show- 
ing the amount of such moneys, where the same are deposited, and how 
secured. 

Misuse of Public Moneys — Penalty For 

Sec. 14. The making of profit out of the public moneys, or using the 
•same for any purpose not authorized by law by any officer of the State, 
or member or officer of the General Assembly, shall be a misdemeanor and 
shall be punished as may be provided by law, but part of such punishment 
shall be disqualification to hold office for a period of not less than five 
years. 

ARTICLE X 

EDUCATION 

Public Schools Provided For 

Sec. 1. The General Assembly shall provide for the maintenance and 
support of a thorough and efficient system of public schools, wherein all the 
children of this Commonwealth above the age of six years may be educated, 
and shall appropriate at least one million dollars each year for that purpose. 

Sectarian Schools not to Receive Public School Money 

Sec. 2. No money raised for the support of the public schools of the 
Commonwealth shall be appropriated to or used for the support of any 
sectarian school. 



THE CONSTITUTION OF PENNSYLVANIA 227 

Females Eligible as School Officers 

Sec. 3. Women twenty-one years of age and upwards, shall be eligible to 
any office of control or management under the school laws of this State. 

ARTICLE XI 

Militia to be Organized — Maintenance — Exemption from Military Service 

Sec. 1. The freemen of this Commonwealth shall be armed, organized and 
disciplined for its defence w r hen and in such manner as may be directed by 
law. The General Assembly shall provide for maintaining the militia by ap- 
propriations from the treasury of the Commonwealth, and may exempt from 
military service persons having conscientious scruples against bearing arms. 

ARTICLE XII 
PUBLIC OFFICERS 

Selection of Officers not Otherwise Provided for in Constitution 

Sec. I. All officers, whose selection is not provided for in this Constitution, 
shall be elected or appointed as may be directed by law. 

United States Officers Cajinot Hold Remunerative State Offices — Incompat- 
ible Offices 

Sec. 2. No member of Congress from this State, nor any person holding or 
exercising any office or appointment of trust or profit under the United States, 
shall at the same time hold or exercise any office in this State to which a sal- 
ary, fees or perquisites shall be attached. The General Assembly may by law 
declare what offices are incompatible. 

Dueling Disqualifies from Holding Office — Further Punishment 

Sec. 3. Any person who shall fight a duel or send a challenge for that pur- 
pose, or be aider or abettor in fighting a duel, shall be deprived of the right of 
holding any office of honor or profit in this State, and may be otherwise pun- 
ished as shall be prescribed by law. 

ARTICLE XIII 

New Counties — Restrictions in Forming 

Sec. I. No new county shall be established which shall reduce any county 
to less than four hundred square miles, or to less than twenty thousand inhab- 
itants ; nor shall any county be formed of less area, or containing a less pop- 
ulation ; nor shall any line thereof pass within ten miles of the county seat of 
any county proposed to be divided. 



228 THE CONSTITUTION OF PENNSYLVANIA 



ARTICLE XIV 

COUNTY OFFICERS 

County Officers Enu??ierated — Sheriff and Treasurer Ineligible to Succeed 

Themselves 

Sec. I. County officers shall consist of sheriffs, coroners, prothonotaries, reg- 
isters of wills, recorders of deeds, commissioners, treasurers, surveyors, auditors 
or controllers, clerks of the courts, district attorneys and such others as may 
from time to time be established by law; and no sheriff or treasurer shall be 
eligible for the term next succeeding the one for which he may be elected. 

Election of County Officers — Terms — Vacancies 

Sec. 2. County officers shall be elected at the general elections and shall 
hold their offices for the term of three years, beginning on the first Monday of 
January next after their election, and until their successors shall be duly quali- 
fied; all vacancies not otherwise provided for, shall be filled in such manner 
as may be provided by law. 

One Year's Residence Necessary to Qualify for Appointment to a County Office 

Sec. 3. No person shall be appointed to any office within any county, who 
shall not have been a citizen and an inhabitant therein one year next before 
his appointment, if the county shall have been so long erected, but if it shall 
not have been so long erected, then within the limits of the county or counties 
out of which it shall have been taken. 

County Seat — Certain Offices to be Located at 
Sec. 4. Prothonotaries, clerks of the courts, recorders of deeds, registers of 
wills, county surveyors and sheriffs, shall keep their offices in the county 
town or the county in which they respectively shall be officers. 

Compensation of County Offices — Those Salaried not to Retain Fees 

Sec. 5. The compensation of county officers shall be regulated by law, and 
all county officers who are or may be salaried shall pay all fees which they 
may be authorized to receive, into the treasury of the county or State, as may 
be directed by law. In counties containing over one hundred and fifty thou- 
sand inhabitants all county officers shall be paid by salary, and the salary of 
any such officer and his clerks, heretofore paid by fees, shall not exceed the 
aggregate amount of fees earned during his term and collected by or for him. 

Accountability of County, Township a?id Borotigh Officers for Public Moneys 

Sec. 6. The General Assembly shall provide by law for the strict account- 
ability of all county, township and borough officers, as well for the fees which 



THE CONSTITUTION OF PENNSYLVANIA 229 

may be collected by them, as for all public or municipal moneys which may be 
paid to them. 

Election of County Commissioners and Auditors — Vacancies — How Filled 

Sec. 7. Three county commissioners and three county auditors shall be 
elected in each county where such officers are chosen, in the year one thou- 
sand eight hundred and seventy-five and every third year thereafter; and in 
the election of said officers each qualified elector shall vote for no more than 
two persons, and the three persons having the highest number of votes shall 
be elected; any casual vacancy in the office of county commissioner or county 
auditor shall be filled, by the court of Common Pleas of the county in which 
such vacancy shall occur, by the appointment of an elector of the proper 
county who shall have voted for the commissioner or auditor whose place is to 
be filled. 

ARTICLE XV 

CITIES AND CITY CHARTERS 

When Cities May be Chartered 

Sec. 1. Cities may be chartered whenever a majority of the electors of any 
town or borough having a population of at least ten thousand shall vote at any 
general election in favor of the same. 

Municipal Commissions — Contracting of Debts by 
Sec. 2. No debt shall be contracted or liability incurred by any municipal 
commission, except in pursuance of an appropriation previously made therefor 
by the municipal government. 

City Sinking Funds 

Sec. 3. Every city shall create a sinking fund, which shall be inviolably 
pledged for the payment of its funded debt. 



ARTICLE XVI 
PRIVATE CORPORATIONS 

Certain Charters to be Void 

Sec. I. All existing charters, or grants of special or exclusive privileges, 
under which a bona fide organization shall not have taken place and business 
been commenced in good faith, at the time of the adoption of this Constitu- 
tion, shall thereafter have no validity. 



230 THE CONSTITUTION OF PENNSYLVANIA 

Corporate Privileges not to be Increased — Exception 
Sec. 2. The General Assembly shall not remit the forfeiture of the charter of 
any corporation now existing, or alter or amend the same, or pass any other 
general or special law for the benefit of such corporation, except upon the con- 
dition that such corporation shall thereafter hold its charter subject to the 
provisions of this Constitution. 

States Right of Eminent Domain and Police Power to be Supreme 

Sec. 3. The exercise of the right of eminent domain shall never be abridged 
or so construed as to prevent the General Assembly from taking the property 
and franchises of incorporated companies, and subjecting them to public use, 
the same as the property of individuals; and the exercise of the police power 
of the State shall never be abridged or so construed as to permit corporations 
to conduct their business in such manner as to infringe the equal rights of 
individuals or the general well-being of the State. 

Cumulative Voting Per??iitted in Corporation Elections 
Sec. 4. In all elections for directors or managers of a corporation each 
member or shareholder may cast the whole number of his votes for one candi- 
date, or distribute them upon two or more candidates, as he may prefer. 

Foreign Corporations — Regulations Concerning 

Sec. 5. No foreign corporation shall do any business in this State without 
having one or more known places of business and an authorized agent or 
agents in the same upon whom process may be served. 

Corporations — Scope of Business Liniited — Holding of Real Estate 

Sec. 6. No corporation shall engage in any business other than that ex- 
pressly authorized in its charter, nor shall it take or hold any real estate 
except such as may be necessary and proper for its legitimate business. 

Corporate Stocks and Bonds — Increase of Stock and Indebtedness — Regulated 

Sec. 7. No corporation shall issue stocks or bonds except for money, labor 
done, or money or property actually received; and all fictitious increase of 
stock or indebtedness shall be void. The stock and indebtedness of corpora- 
tions shall not be increased except in pursuance of general law, nor without 
the consent of the persons holding the larger amount in value of the stock, 
first obtained at a meeting to be held after sixty days' notice given in pur- 
suance of law. 

Compensation for Property Taken or Affected Under Right of Emifient 
Do?nain — Appeals 

Sec. 8. Municipal and other corporations and individuals invested with the 
privilege of taking private property for public use shall make just compensation 



THE CONSTITUTION OF PENNSYLVANIA 23 1 

for property taken, injured or destroyed by the construction or enlargement of 
their works, highways or improvements, which compensation shall be paid or 
secured before such taking, injury or destruction. The General Assembly is 
hereby prohibited from depriving any person of an appeal from any prelimi- 
nary assessment of damages against any such corporations or individuals made 
by viewers or otherwise; and the amount of such damages in all cases of ap- 
peal shall on the demand of either party be determined by a jury according to 
the course of the common law. 

State Banking Laws — Requirements 

Sec. 9. Every banking law shall provide for the registry and countersigning, 
by an officer of the State, of all notes or bills designed for circulation, and 
that ample security to the full amount thereof shall be deposited with the 
Auditor General for the redemption of such notes or bills. 

Alterations and Revocation of Charters — No Law shall Create, Renew or 
Extend More than One Charter 

Sec. 10. The General Assembly shall have the power to alter, revoke or 
annul any charter or incorporation now existing and revocable at the adoption 
of this Constitution, or any that may hereafter be created, whenever in their 
opinion it may be injurious to the citizens of this Commonwealth, in such man- 
ner, however, that no injustice shall be done to the corporators. No law here- 
after enacted shall create, renew or extend the charter of more than one 
corporation. 

Public Notice Required of Application for Banking Powers — Duration of 

Charter 

Sec. 11. No corporate body to possess banking and discounting privileges 
shall be created or organized in pursuance of any law without three months' 
previous public notice, at the place of the intended location, of the intention 
to apply for such privileges, in such manner as shall be prescribed by law, nor 
shall a charter for such privilege be granted for a longer period than twenty 
years. 

Right to Construct Telegraph Lines — Consolidation of Competing Lines 

Prohibited 

Sec. 12. Any association or corporation organized for the purpose, or any 
individual,, shall have the right to construct and maintain lines of telegraph 
within this State, and to connect the same with other lines, and the General 
Assembly shall, by general law of uniform operation, provide reasonable regu- 
lations to give full effect to this section. No telegraph company shall consoli- 
date with, or hold a controlling interest in the stock or bonds of, any other 
telegraph company owning a competing line, or acquire, by purchase or other- 
wise, any other competing line of telegraph. 



232 THE CONSTITUTION OF PENNSYLVANIA 

Joint-Stock Companies or Associations Treated as Corporations 

Sec. 13. The term " corporations," as used in this article, shall be construed 
to include all joint-stock companies or associations having any of the powers 
or privileges of corporations not possessed by individuals or partnerships. 

ARTICLE XVII 
RAILROADS AND CANALS 

To be Public Highways and Common Carriers — Rights and Duties of Rail- 

road Companies 

Sec. I. All railroads and canals shall be public highways, and all railroad 
and canal companies shall be common carriers. Any association or corpora- 
tion oganized for the purpose shall have the right to construct and operate a 
railroad between any points within this State, and to connect at the State line 
with railroads of other States. Every railroad company shall have the right 
with its road to intersect, connect with or cross any other railroad; and shall 
receive and transport each the other's passengers, tonnage, and cars loaded or 
empty, without delay or discrimination. 

Companies Orga7iized in this State to Maintain Offices and Stock Books 

Therein 

Sec. 2. Every railroad and canal corporation organized in this State shall 
maintain an office therein where transfers of its stock shall be made, and 
where its books shall be kept for inspection by any stockholder or creditor of 
such corporation, in which shall be recorded the amount of capital stock sub- 
scribed or paid in, and by whom, the names of the owners of its stock and the 
amounts owned by them, respectively, the transfers of said stock, and the 
names and places of residence of its officers. 

Transportation of Persons and Property — Undue Discrimination Prohib- 
ited — Special Rate Tickets 

Sec. 3. All individuals, associations and corporations shall have equal right 
to have persons and property transported over railroads and canals, and no 
undue or unreasonable discrimination shall be made in charges for, or in facili- 
ties for, transportation of freight or passengers within the State or coming 
from or going to any other State. Persons and property transported over any 
railroad shall be delivered at any station at charges not exceeding the charges 
for transportation of persons and property of the same class in the same direc- 
tion to any more distant station; but excursion and commutation tickets may 
be issued at special rates. 



THE CONSTITUTION OF PENNSYLVANIA 233 



Parallel or Competing Lines not to be Consolidated — Officers of, Restricted 
— Jtiries to Decide Whether Companies Are 

Sec. 4. No railroad, canal or other corporation, or the lessees, purchasers 
or managers of any railroad or canal corporation, shall consolidate the stock, 
property or franchises of such corporation with, or lease, or purchase the 
works or franchises of, or in any way control any other railroad or canal cor- 
poration owning or having under its control a parallel or competing line; nor 
shall any officer of such railroad or canal corporation act as an officer of any 
other railroad or canal corporation owning or having the control of a parallel 
or competing line; and the question whether railroads or canals are parallel or 
competing lines shall, when demanded by the party complainant, be decided 
by a jury as in other civil issues. 

Powers of Incorporated Cojnmon Carriers Limited — Privileges of Mining 
and Manufacturing Companies 

Sec. 5. No incorporated company doing the business of a common carrier 
shall, directly or indirectly, prosecute or engage in mining or manufacturing 
articles for transportation over its works; nor shall such company, directly or 
indirectly, engage in any other business than that of common carriers, or 
hold or acquire lands, freehold or leasehold, directly or indirectly, except 
such as shall be necessary for carrying on its business; but any mining or 
manufacturing company may carry the products of its mines and manufactories 
on its railroad or canal not exceeding fifty miles in length. 

Officers and Employes not to be Interested in Compa?iies > Contracts or 
Transportatiofi Business 

Sec. 6. No president, director, officer, agent or employe of any railroad or 
canal company shall be interested, directly or indirectly, in the furnishing of 
material or supplies to such company, or in the business of transportation as a 
common carrier of freight or passengers over the works owned, leased, con- 
trolled or worked by such company. 

Discriminations and Preferences in Charges and Facilities Forbidden 

Sec. 7. No discrimination in charges or facilities for transportation shall be 
made between transportation companies and individuals, or in favor of either, 
by abatement, drawback or otherwise, and no railroad or canal company or 
any lessee, manager or employe thereof, shall make any preferences in furnish- 
ing cars or motive power. 

Granting of Passes Limited 

Sec. 8. No railroad, railway or other transportation company shall grant 
free passes, or passes at a discount, to any person except officers or employes 
of the company. 



234 THE CONSTITUTION OF PENNSYLVANIA 



Consent of Local Authorities Necessary for Construction of Street Railways 

Sec. 9. No street passenger railway shall be constructed within the limits 
of any city, borough or township, without the consent of its local authorities. 

Acceptance of this Article Necessary for Future Legislation 

Sec. 10. No railroad, canal or other transportation company, in existence at 
the time of the adoption of this article, shall have the benefit of any future 
legislation by general or special laws, except on condition of complete accept- 
ance of all the provisions of this article. 

Powers and Duties as Secretary of Lnternal Affairs in Regard to 
Transportation Co??ipanies 

Sec. 11. The existing powers and duties of the Auditor General in regard 
to railroads, canals and other transportation companies, except as to their ac- 
counts, are hereby transferred to the Secretary of Internal Affairs, who shall 
have a general supervision over them, subject to such regulations and altera- 
tions as shall be provided by law; and, in addition to the annual reports now 
required to be made, said secretary may require special reports at any time 
upon any subject relating to the business of said companies from any officer or 
officers thereof. 

General Assembly to Enforce Provisions of this Article 

Sec. 12. The General Assembly shall enforce by appropriate legislation the 
provisions of this article. 

ARTICLE XVIII 
FUTURE AMENDMENTS 

Amendments to Constitution — How Made 

Sec. I. Any amendment or amendments to this Constitution may be pro- 
posed in the Senate or House of Representatives, and, if the same shall be 
agreed to by a majority of the members elected to each House, such proposed 
amendment or amendments shall be entered on their journals with the yeas and 
nays taken thereon, and the Secretary of the Commonwealth shall cause the 
same to be published three months before the next general election, in at least 
two newspapers in every county in which such newspapers shall be published; 
and if, in the General Assembly next afterwards chosen, such proposed amend- 
ment or amendments shall be agreed to by a majority of the members elected 
to each House, the Secretary of the Commonwealth shall cause the same again 
to be published in the manner aforesaid; and such proposed amendment or 
amendments shall be submitted to the qualified electors of the State in such 



THE CONSTITUTION OF PENNSYLVANIA 235 

manner, and at such time at least three months after being so agreed to by the 
two Houses, as the General Assembly shall prescribe; and, if such amendment 
or amendments shall be approved by a majority of those voting thereon, such 
amendment or amendments shall become a part of the Constitution; but no 
amendment or amendments shall be submitted oftener than once in five years. 
When two or more amendments shall be submitted they shall be voted upon 
separately. 

SCHEDULE 

When Constitution Shall Take Effect 

That no inconvenience may arise from the changes in the Constitution of 
the Commonwealth, and in order to carry the same into complete opera- 
tion, it is hereby declared that : 

Sec. 1. This Constitution shall take effect on the first day of January, 
in the year one thousand eight hundred and seventy-four, for all purposes 
not otherwise provided for therein. 

What Laws, Rights, &s. 9 to Remain in Force 

Sec. 2. All laws in force in this Commonwealth at the time of the adop- 
tion of this Constitution and not inconsistent therewith, and all rights, 
actions, prosecutions and contract shall continue as if this Constitution had 
not been adopted. 

Election of Senators in 1874 and 1873 

Sec. 3. At the general election in the years one thousand eight hundred 
and seventy-four and one thousand eight hundred and seventy-five Senators 
shall be elected in all districts where there shall be vacancies. Those elected 
in the year one thousand eight hundred and seventy-four shall serve for two 
years, and those elected in the year one thousand eight hundred and seventy- 
five shall serve for one year. Senators now elected and those whose terms 
are unexpired shall represent the districts in which they reside until the end 
of the terms for which they were elected. 

Election of Senators in 1 876 

Sec. 4. At the general election in the year le thousand eight hundred 
and seventy-six, Senators shall be elected from even numbered districts to 
serve for two years, and from odd numbered disl icts to serve for four years. 

Election of Governor in 1875 anc ^ -^878 

Sec. 5. The first election of Governor under this Constitution shall be 
at the general election in the year one thousand eight hundred and seventy- 
five, when a Governor shall be elected for three years, and the term of the 



236 THE CONSTITUTION OF PENNSYLVANIA 

Governor elected in the year one thousand eight hundred and seventy-eight 
and of those thereafter elected shall be for four years, according to the 
provisions of this Constitution. 

Electio7i of Lieutenant Governor in 1874 

Sec. 6. At the general election in the year one thousand eight hundred 
and seventy-four a t Lieutenant Governor shall be elected according to the 
provisions of this Constitution. 

Election of Secretary of Internal Affairs — Office of Surveyor General 

Abolished 

Sec. 7. The Secretary of Internal Affairs shall be elected at the first gen- 
eral election after the adoption of this Constitution, and, when the said 
officer shall be duly elected and qualified, the office of Surveyor General shall 
be abolished. The Surveyor General in office at the time of the adoption of 
this Constitution shall continue in office until the expiration of the term for 
which he was elected. 

Office of Superintendent of Common Schools Abolished 

Sec. 8. When the Superintendent of Public Instruction shall be duly 
qualified the office of Superintendent of Common Schools shall cease. 

Eligibility to Re-election of Prese?it State Officers 

Sec. 9. Nothing contained in this Constitution shall be construed to 
render any person now holding any State office for a first official term in- 
eligible for re-election at the end of such term. 

Jtidges of Supreme Court — Expiration of Terms — Additional Judges to 

be Elected 

Sec 10. The judges of the Supreme Court in office when this Constitu- 
tion shall take effect shall continue until their commissions severally expire. 
Two judges in addition to the number now* composing the said court, shall 
be elected at the first general election after the adoption of this Constitution. 

Certain Courts Abolished 071 Dec. 1, 1873 — Court of First Criminal 
Jurisdiction for Cotinties of Schuylkill, Lebanon ajid Dauphin Abolished 

Sec. 11. All courts of record and all existing courts which are not speci- 
fied in this Constitution shall continue in existence until the first day of 
December, in the year one thousand eight hundred and seventy-five, without 
abridgement of their present jurisdiction, but no longer. The Court of First 
Criminal Jurisdiction for the counties of Schuylkill, Lebanon and Dauphin 
is hereby abolished, and all causes and proceedings pending therein in the 
county of Schuylkill shall be tried and disposed of in the courts of Oyer and 
Teminer and Quarter Sessions of the peace of said county. 



THE CONSTITUTION OF PENNSYLVANIA 237 

Register's Courts Abolished 

Sec. 12. The Register's courts now in existence shall be abolished on the 
first day of January next succeeding the adoption of this Constitution. 

When Judicial Districts to be Designated — Assignment of Judges to Districts 

Sec. 13. The General Assembly shall, at the next session after the adop- 
tion of this Constitution, designate the several judicial districts as required 
by this Constitution. The judges in commission when such designation shall 
be made shall continue during their unexpired terms judges of the new dis- 
tricts in which they reside ; but, when there shall be two judges residing in 
the same district, the President Judge shall elect to which district he shall be 
assigned and the additional law judge shall be assigned to the other district. 

How Often Judicial Districts shall be Designated 

Sec. 14. The General Assembly shall, at the next succeeding session after 
each decennial census and not oftener, designate the several judicial districts 
as required by this Constitution. 

Expiration of Terms of Certain Judges — Judge oj Co?nmon Pleas Court 
of Sch uylk ill Co un ty 

Sec. 15. Judges, learned in the law, of any court of record holding commis- 
sions in force at the adoption of this Constitution shall hold their respective 
offices until the expiration of the terms for which they were commissioned, 
and until their successors shall be duly qualifiedo The Governor shall com- 
mission the President Judge of the Court of First Criminal Jurisdiction for 
the counties of Schuylkill, Lebanon and Dauphin as a judge of the Court 
of Common Pleas of Schuylkill county, for the unexpired term of his office. 

Who shall Become President Judges — Terms of Associate Judges 

Sec. 16. After the expiration of the term of any President Judge of any 
court of Common Pleas in commission at the adoption of this Constitution, 
the ]udge of such court learned in the law and oldest in commission shall be 
the President Judge thereof, and when two or more judges are elected at 
the same time in any judicial district they shall decide by lot which shall be 
President Judge; but when the President Judge of a court shall be re-elected 
he shall continue to be President Judge of that court. Associate judges, not 
learned in the law, elected after the adoption of this Constitution, shall be 
commissioned to hold their offices for the term of five years from the first 
day of January next after their election. 

Fixing Compensation of Judges 

Sec. 17. The General Assembly, at the first session after the adoption of 
this Constitution, shall fix and determine the compensation of the judges 
of the Supreme Court and of the judges of the several judicial districts of the 



238 THE CONSTITUTION OF PENNSYLVANIA 

Commonwealth, and the provisions of the fifteenth section of the article on 
Legislation shall not be deemed inconsistent herewith. Nothing contained 
in this Constitution shall be held to reduce the compensation now paid to any 
law judge of this Commonwealth now in commission. 

Commo7i Pleas Court in Philadelphia and Allegheny Counties — Organiza- 
tions of, in Philadelphia 

Sec. 18. The courts of Common Pleas in the counties of Philadelphia and 
Allegheny shall be composed of the present judges of the District Court and 
court of Common Pleas of said counties until their offices shall severally end, 
and of such other judges as may from time to time be selected. For the pur- 
pose of first organization in Philadelphia the judges of the court number one 
shall be Judges Allison, Pierce and Paxson; of the court number two Judges 
Hare, Mitchell and one other judge to be elected; of the court number three 
Judges Ludlow, Finletter and Lynd; and of the court number four Judges 
Thayer, Briggs and one other judge to be elected. The judge first named shall 
be the President Judge of said courts respectively, and thereafter the Presi- 
dent Judge shall be the judge oldest in commission; but any President Judge, 
re-elected in the same court or district, shall continue to be President Judge 
thereof. The additional judges for courts numbers two and four shall be voted 
for and elected at the first general election after the adoption of this Constitu- 
tion, in the same manner as the two additional judges of the Supreme Court, 
and they shall decide by lot to which court they shall belong. Their term of 
office shall commence on the first Monday of January, in the year one thou- 
sand eight hundred and seventy-five. 

Organization of Com??wn Pleas Cowts in Allegheny County 

Sec. 19. In the county of Allegheny, for the purpose of first organization 
under this Constitution, the judges of the court of Common Pleas, at the time 
of the adoption of this Constitution, shall be the judges of the court number 
one, and the judges of the District Court, at the same date, shall be the judges 
of the Common Pleas number two. The President Judges of the Common 
Pleas and District Court shall be President Judge of said courts number one 
and two, respectively, until their offices shall end; and thereafter the judge 
oldest in commission shall be President Judge; but any President Judge re- 
elected in the same court, or district, shall continue to be President Judge 
thereof. 

When 0?'ganization of Common Pleas Courts in Philadelphia and Allegheny 
Counties shall Take Effect 
Sec. 20. The organization of the courts of Common Pleas under this Con- 
stitution for the counties of Philadelphia and Allegheny shall take effect on 
the first Monday of January, one thousand eight hundred and seventy-five, and 
existing courts in said counties shall continue with their present powers and 
jurisdiction until that date, but no new suits shall be instituted in the courts of 
Nisi Prius after the adoption of this Constitution. 



THE CONSTITUTION OF PENNSYLVANIA 239 

Trial and Disposition of Causes and Transfer of Records in Philadelphia 

County 

Sec. 21. The causes and proceedings pending in the court of Nisi Prius 
court of Cemmon Pleas, and District Court in Philadelphia shall be tried and 
disposed of in the court of Common Pleas. The records and dockets of said 
courts shall be transferred to the prothonotary's office of said county. 

Trial and Disposition of Causes in Allegheny County 

Sec. 22. The causes and proceedings pending in the court of Common 
Pleas in the county of Allegheny shall be tried and disposed of in the court 
number one; and the causes and proceedings pending in the District Court 
shall be tried and disposed of in the court number two. 

Appointment of Prothonotary in Philadelphia — Clerk of Quarter Sessions 

Sec. 23! The Prothonotary of the court of Common Pleas of Philadelphia 
shall be first appointed by the judges of said court on the first Monday of De- 
cember, in the year one thousand eight hundred and seventy-five, and the 
present Prothonotary of the District Court in said county shall be the Protho- 
notary of the said court of Common Pleas until said date when his commission 
shall expire, and the present Clerk of the court of Oyer and Terminer and 
Quarter Sessions of the Peace in Philadelphia shall be the Clerk of such court 
until the expiration of his present commission on the first Monday of Decem- 
ber, in the year one thousand eight hundred and seventy-five. 

Aldermen in Cities, other than Philadelphia, Containing over Fifty Thousand 

Inhabitants 

Sec. 24. In cities containing over fifty thousand inhabitants, except Phila- 
delphia, all aldermen in office at the time of the adoption of this Constitution 
shall continue in office until the expiration of their commissions, and at the 
election for city and ward officers in the year one thousand eight hundred and 
seventy-five one alderman shall be elected in each ward as provided in this 
Constitution. 

Magistrates to Succeed Aldermen in Philadelphia 

Sec. 25. In Philadelphia magistrates in lieu of aldermen shall be chosen, as 
required in this Constitution, at the election in said city for city and ward offi- 
cers in the year one thousand eight hundred and seventy-five ; their term of 
office shall commence on the first Monday of April succeeding their election. 
The terms of office of aldermen in said city holding or entitled to commissions 
at the time of the adoption of this Constitution shall not be affected thereby. 

Expiration of Term of Present Officers 

Sec. 26. All persons in office in this Commonwealth at the time of the 
adoption of this Constitution, and at the first election under it, shall hold their 



240 THE CONSTITUTION OF PENNSYLVANIA 

respective offices until the term for which they have been elected or appointed 
shail expire, and until their successors shall be duly qualified, unless otherwise 
provided in this Constitution. 

Administration of Oath of Office 

Sec. 27. The seventh article of this Constitution prescribing an oath of 
office shall take effect on and after the first day of January, one thousand 
eight hundred and seventy-five- 

Expiration of Terms of Presejit County Commissioners and Auditors 

Sec. 28. The terms of office of County Commissioners and County Auditors, 
chosen prior to the year one thousand eight hundred and seventy-five, which 
shall not have expired before the first Monday of January in the year one 
thousand eight hundred and seventy-six, shall expire on that day. 

Compensation of Present Officers may Include Fees 

Sec. 29. All state, county, city, ward, borough and township officers in office 
at the time of the adoption of this Constitution, whose compensation is not 
provided for by salaries alone, shall continue to receive the compensation 
allowed them by law until the expiration of their respective terms of office. 

State and Judicial Officers now in Office to take Oath to Support this 

Constitution 

Sec. 30. All state and judicial officers heretofore elected, sworn, affirmed, 
or in office when this Constitution shall take effect, shall severally, within one 
month after such adoption, take and subscribe an oath, or affirmation, to sup- 
port this Constitution. 

General Assembly to Pass Laws Necessary to Enforce Constitution 

Sec. 31. The General Assembly at its first session, or as soon as may be 
after the adoption of this Constitution, shall pass such laws as may be neces- 
sary to carry the same into full force and effect. 

Ordinance Submitting Constitution to Vote of Electors Declared Valid 

Sec. 32. The ordinance passed by this Convention entitled " An Ordinance 
for submitting the amended Constitution of Pennsylvania to a vote of the elec- 
tors thereof" shall be held to be valid for all the purposes thereof. 

The Term " County Commissioners " to Include the Philadelphia Commis- 
sioners 

Sec. 33. The words " County Commissioners," wherever used in this Con- 
stitution and in any ordinance accompanying the same, shall be held to in- 
clude the Commissioners for the City of Philadelphia. 



THE CONSTITUTION OF PENNSYLVANIA 24 1 

Date of Adoption by the Constitutional Convention — Signers 

Adopted at Philadelphia, on the third day of November, in the year of our 

Lord one thousand eight hundred and seventy-three. 

JOHN H. WALKER, 

D. L. IMBRIE, President. 

Ch. Clerk. 

Filed in the Office of the Secretary of the Commonwealth, November 13, 

1873. 

M. S. QUAY, 

Secretary of the Commonwealth. 

AMENDMENTS TO THE CONSTITUTION OF PENNSYL- 
VANIA 

Amendment No. 1 

On November 5, 1901, Section I of Article 8, by a vote of 214,798 for, and 
45,601 against, was amended so as to read as follows : 

Sec. 1. Every male citizen twenty-one years of age, possessing the following 
qualifications, shall be entitled to vote at all elections, subject however to such 
laws requiring and regulating the registration of electors as the General As- 
sembly may enact : 

1. He shall have been a citizen of the United States at least one month. 

2. He shall have resided in the State one year (or, having previously been 
a qualified elector or native born citizen of the State, he shall have removed 
therefrom and returned, then six months) immediately preceding the election. 

3. He shall have resided in the election district where he shall offer to vote 
at least two months immediately preceding the election. 

4. If twenty-two years of age and upwards, he shall have paid within two 
years a State or county tax, which shall have been assessed at least two 
months and paid at least one month before the election. 

Amendment No. 2 

On November 5, 1901, Section 4 of Article 8, by a vote of 194,053 for, and 
41,203 against, was amended to read as follows: 

Sec. 4. All elections by the citizens shall be by ballot or by such other 
method as maybe prescribed bylaw: Provided, That secrecy in voting be 
preserved. 

Amendment No, 3 

On November 5, 1901, Section 7 of Article 8, by a vote of 180,521 for, and 
48,634 against, was amended so as to read as follows : 

Sec. 7. All laws regulating the holding of elections by the citizens or for 
the registration of electors shall be uniform throughout the State, but laws reg- 
ulating and requiring the registration of electors may be enacted to apply to 
cities only : Provided, That such laws be uniform for cities of the same class. 



242 THE CONSTITUTION OF PENNSYLVANIA 

AMENDMENTS TO THE CONSTITUTION OF PENNSYL- 
VANIA — 1909 — WITH SCHEDULE 

Amendment No, i. 

On November 2, 1909, Section 8 of x\rticle 4, by a vote of 105,741 for, 
and 150,281 against, was amended so as to read as follows: 

Sec. 8. He shall nominate and, by and with the advice and consent of two- 
thirds of all the members of the Senate, appoint a Secretary of the Common- 
wealth and an Attorney General during pleasure, a Superintendent of Public 
Instruction for four years, and such other officers of the Commonwealth as he 
is or may be authorized by the Constitution or by law to appoint ; he shall 
have power to fill all vacancies that may happen, in offices to which he may 
appoint, during the recess of the Senate, by granting commissions which shall 
expire at the end of their next session ; he shall have power to fill any 
vacancy that may happen, during the recess of the Senate, in the office of 
Auditor General, State Treasurer, Secretary of Internal Affairs or Superin- 
tendent of Public Instruction, in a judicial office, or in any other elective 
office which he is or may be authorized to fill; if the vacancy shall happen 
during the session of the Senate, the Governor shall nominate to the Senate, 
before their final adjournment, a proper person to fill said vacancy ; but in 
any such case of vacancy, in an elective office, a person shall be chosen to 
said office on the next election day appropriate to such office according to the 
provisions of this Constitution, unless the vacancy shall happen within two 
calendar months immediately preceding such election day, in which case the 
election for said office shall be held on the second succeeding election day 
appropriate to such office. In acting on executive nominations the Senate 
shall sit with open doors, and, in confirming or rejecting the nominations of 
the Governor, the vote shall be taken by yeas and nays and shall be entered 
on the journal. 

Amendment No, 2, 

On November 2, 1909, Section 21 of Article 4, by a vote of 164,352 for, 
and 142,385 against, was amended so as to read as follows : 

Sec. 21. The terms of the Secretary of Internal Affairs, the Auditor 
General, and the State Treasurer shall each be four years ; and they shall 
be chosen by the qualified electors of the State at general elections ; but a 
State Treasurer, elected in the, year one thousand nine hundred and nine, 
shall serve for three years, and his successors shall be elected at the general 
election in the year one thousand nine hundred and twelve, and in every 
fourth year thereafter. No person elected to the office of Auditor General 
or State Treasurer shall be capable of holding the same office for two 
consecutive terms. 



THE CONSTITUTION OF PENNSYLVANIA 243 

Amendment No. 3. 

On November 2, 1909, Section 11 of Article 5, by a vote of 162,689 for, 
and 141,203 against, was amended so as to read as follows : 

Sec. 11. Except as otherwise provided in this Constitution, justices of 
the peace or aldermen shall be elected in the several wards, districts, boroughs 
or townships, by the qualified electors thereof, at the municipal election, in 
such manner as shall be directed by law, and shall be commissioned by the 
Governor for a term of six years. No township, ward, district or borough shall 
elect mere than two justices of the peace or aldermen without the consent of a 
majority of the qualified electors within such township, ward or borough ; no 
person shall be elected to such office unless he shall have resided within .the 
township, borough, ward or district for one year next preceding his election. 
In cities containing over fifty thousand inhabitants, not more than one 
alderman shall be elected in each ward or district. 

Amendment No. 4. 

On November 2, 1909, Section 12 of Article 5, by a vote of 157,958 for, 
and 142,335 against, was amended so as to read as follows : 

Sec. 12. In Philadelphia there shall be established, for each thirty 
thousand inhabitants, one court, not of record, of police and civil causes, with 
jurisdiction not exceeding one hundred dollars ; such courts shall be held by 
magistrates whose term of office shall be six years, and they shall be elected 
on general ticket at the municipal election, by the qualified voters at large ; 
and in the election of the said magistrates no voter shall vote for more than 
two-thirds of the number of persons to be elected when more than one are to 
be chosen ; they shall be compensated only by fixed salaries, to be paid by 
said county ; and shall exercise such jurisdiction, civil and criminal, except as 
herein provided, as is now exercised by aldermen, subject to such changes, 
not involving an increase of civil jurisdiction or conferring political duties, 
as may be made by law. In Philadelphia the office of alderman is abolished. 



On November 2, 1909, Section 2 of Article 8, by a vote of 168,874 for, 
and 140,837 against, was amended so as to read as follows : 

Sec. 2. The general election shall be held biennially on the Tuesday next 
following the first Monday of November in each even-numbered year, but the 
General Assembly may by law fix a different day, two-thirds of all the 
members of each House consenting thereto : Provided, That such election 
shall always be held in an even-numbered year. 



244 THE CONSTITUTION OF PENNSYLVANIA 



Amendment No, 6. 

On November 2, 1909, Section 3 of Article 8, by a vote of 162,117 for 
and 140,841 against, was amended so as to read as follows : 

Sec. 3. All judges elected by the electors of the State at large may be 
elected at either a general or municipal election, as circumstances may require. 
All elections for judges of the courts for the several judicial districts, and for 
county, city, ward, borough, and township officers, for regular terms of service, 
shall be held on the municipal election day ; namely, the Tuesday next fol- 
lowing the first Monday of November in each odd-numbered year, but the 
General Assembly may by law fix a different day, two-thirds of all the mem- 
bers of each House consenting thereto : Provided, That such election shall 
always be held in an odd-numbered year. 

Amendment No. 7. 

(On November 2, 1909, the proposed Amendment to Section 14 of Article 
8, by a vote of 128,287 for, and 194,810 against, was defeated.) 

Amendment No. 8. 

On November 2, 1909, Section 1 of Article 12, by a vote of 160,499 for, 
and 140,303 against, was amended so as to read as follows : 

Sec. 1. All officers whose selection is not provided for in this Constitution, 
shall be elected or appointed as may be directed by law : Provided, That 
elections of State officers shall be held on a general election day, and elections 
of local officers shall be held on a municipal election day, except when, in 
either case, special elections may be required to fill unexpired terms. 

Amendment No. g. 

On November 2, 1909, Section 2 of Article 14, by a vote of 160,184 for y 
and 141,547 against, was amended so as to read as follows : 

Sec. 2. County officers shall be elected at the municipal elections and shall 
hold their offices for the term of four years, beginning on the first Monday of 
January next after their election, and until their successors shall be duly 
qualified ; all vacancies not otherwise provided for, shall be filled in such 
manner as may be provided by law. 

Amendment No, 10. 

On November 2, 1909, Section 7 of Article 14, by a vote of 159,953 for, 
and 140, 476 against, was amended so as to read as follows : 



THE CONSTITUTION OF PENNSYLVANIA 245 

Sec. 7. Three county commissioners and three county auditors shall be 
elected in each county where such officers are chosen, in the year one 
thousand nine hundred and eleven and every fourth year thereafter ; and 
in the election of said officers each qualified elector shall vote for no more 
than two persons, and the three persons having the highest number of votes 
shall be elected ; any casual vacancy in the office of county commissioner or 
county auditor shall be filled, by the court of common pleas of the county 
in which such vacancy shall occur, by the appointment of an elector of the 
proper county who shall have voted for the commissioner or auditor whose 
place is to be filled. 

Schedule for the Amendments. 

The Schedule to carry into operation the amendments voted for November 
2, 1909, by a vote of 147,162 for, and 141,551 against, was adopted : 

That no inconvenience may arise from the changes in the Constitution 
of the Commonwealth, and in order to carry the same into complete opera- 
tion, it is hereby declared that — ■ 

In the case of officers elected by the people, all terms of office fixed by 
act of Assembly at an odd number of years shall each be lengthened one 
year, but the Legislature may change the length of the term, provided the 
terms for which such officers are elected shall always be for an even number 
of years. 

The above extension of official terms shall not affect officers elected at the 
general election of one thousand nine hundred and eight ; nor any city, ward, 
borough, township, or election division officers, whose terms of office, under 
existing law, end in the year one thousand nine hundred and ten. 

In the year one thousand nine hundred and ten the municipal election 
shall be held on the third Tuesday of February as heretofore ; but all officers 
chosen at that election to an office the regular term of which is two years, 
and also all election officers and assessors chosen at that election, shall serve 
until the first Monday of December in the year one thousand nine hundred 
and eleven. All officers chosen at that election to offices the term of which is 
now four years, or is made four years by the operation of these amendments or 
this schedule, shall serve until the first Monday of December in the year one 
thousand nine hundred and thirteen. All justices of the peace, magistrates, 
and aldermen, chosen at that election, shall serve until the first Monday 
of December in the year one thousand nine hundred and fifteen. After 
the year nineteen hundred and ten, and until the Legislature shall otherwise 
provide, all terms of city, ward, borough, township, and election division 
officers shall begin on the first Monday of December in an odd-numbered year. 

All city, ward, borough, and township officers holding office at the date 
of the approval of these amendments, whose terms of office may end in the 



246 THE CONSTITUTION OF PENNSYLVANIA 

year one thousand nine hundred and eleven, shall continue to hold their 
offices until the first Monday of December of that year. 

All judges of the courts for the several judicial districts, and also all county 
officers, holding office at the date of the approval of these amendments, whose 
terms of office may end in the year one thousand nine hundred and eleven, 
shall continue to hold their offices until the first Monday of January, one 
thousand nine hundred and twelve. 



Appendix II 



[THE CONSTITUTION OF THE UNITED STATES 
OF AMERICA.] > 

We the People of the United States, in Order to form a more perfect 
•Union, establish Justice, insure domestic Tranquility, provide for the 
common defence, promote the general Welfare, and secure the Bless- 
ings of Liberty to ourselves and our Posterity, do ordain and establish 
this Constitution for the United States of America. 

ARTICLE. I. 

Section. 1. All legislative Powers herein granted shall be vested in a Con- 
gress of the United States, which shall consist of a Senate and House of 
Representatives. 

Section. 2. [1] The House of Representatives shall be composed of Mem- 
bers chosen every second Year by the People of the several States, and the 
Electors in each State shall have the Qualifications requisite for Electors of 
the most numerous Branch of the State Legislature. 

[2] No Person shall be a Representative who shall not have attained to 
the Age of twenty five Years, and been seven Years a Citizen of the United 
States, and who shall not, when elected, be an Inhabitant of that State in 
which he shall be chosen. 

[3] Representatives and direct Taxes shall be apportioned among the 
several States which may be included within this Union, according to their 
respective Numbers, 2 [which shall be determined by adding to the whole 
Number of free Persons, including those bound to Service for a Term of 

1 This text of the Constitution has been printed from the copy issued by the United States 
Department of State which bears the indorsement, 4 " Compared with the original in the Depart- 
ment of State, April 13, 1S91, and found to be correct." Those parts of the document in 
brackets [] are not in the original, or have been modified or superseded by amendments, or 
were temporary in their character. 

a The apportionment under the census of 1900 is one representative to every 193,291. 

247 



248 THE CONSTITUTION OF THE UNITED STATES 

Years, and excluding Indians not taxed, three fifths of all other Persons]. 1 
The actual Enumeration shall be made within three Years after the first 
Meeting of the Congress of the United States, and within every subsequent 
Term of ten Years, in such Manner as they shall by Law direct. The Num- 
ber of Representatives shall not exceed one for every thirty Thousand, but 
each State shall have at Least one Representative ; [and until such enumera- 
tion shall be made, the State of New Hampshire shall be entitled to chuse 
three, Massachusetts eight, Rhode- Island and Providence Plantations one, 
Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Dela- 
ware one, Maryland six, Virginia ten, North Carolina five, South Carolina 
five, and Georgia three.] 

[4] When vacancies happen in the Representation from anv State, the 
Executive Authority thereof shall issue Writs of Election to fill such Va- 
cancies. 

[5] The House of Representatives shall chuse their Speaker 2 and other 
Officers ; and shall have the sole Power of Impeachment. 

Section. 3. [1] The Seriate of the United States shall be composed of two 
Senators from each State, chosen by the Legislature thereof, for six Years ; 
and each Senator shall have one Vote. 

[2] Immediately after they shall be assembled in Consequence of the first 
Election, they shall be divided as equally as may be into three Classes. The 
Seats of the Senators of the first Class shall be vacated at the Expiration of 
the second Year, of the second Class at the Expiration of the fourth Year, 
and of the third Class at the Expiration of the sixth Year, so that one third 
may be chosen every second Year ; and if Vacancies happen by Resignation, 
or otherwise, during the Recess of the Legislature of any State, the Execu- 
tive thereof may make temporary Appointments until the next Meeting of 
the Legislature, which shall then fill such Vacancies. 

[3] No Person shall be a Senator who shall not have attained to the Age 
of thirty Years, and been nine Years a Citizen of the United States, and who 
shall not, when elected, be an Inhabitant of that State for which he shall be 
chosen. 

[4] The Vice President of the United States shall be President of the 
Senate, but shall have no Vote, unless they be equally divided. 

[5] The Senate shall chuse their other Officers, and also a President pro 
tempore, in the Absence of the Vice President, or when he shall exercise 
the Office of President of the United States. 

[6] The Senate shall have the sole Power to try all Impeachments. When 
sitting for that Purpose, they shall be on Oath or Affirmation. When the 
President of the United States is tried, the Chief Justice shall preside : And 

1 The clause in brackets has been superseded by the thirteenth and fourteenth amendments. 
* The Speaker is always one of the representatives ; the other officers are not. 



THE CONSTITUTION OF THE UNITED STATES 249 

no Person shall be convicted without the Concurrence of two thirds of the 
Members present. 

[7] Judgment in Cases of Impeachment shall not extend further than to 
removal from Office, and disqualification to hold and enjoy any Office of 
honor, Trust or Profit under the United States : but the Party convicted 
shall nevertheless be liable and subject to Indictment, Trial, Judgment and 
Punishment, according to Law. 

Section. 4. [1] The Times, Places and Manner of holding Elections for 
Senators and Representatives, shall be prescribed in each State by the Legis- 
lature thereof ; but the Congress may at any time by Law make or alter such 
Regulations, except as to the Places of chusing Senators. 

[2] The Congress shall assemble at least once in every Year, and such 
Meeting shall be on the first Monday in December, unless they shall by Law 
appoint a different Day. 

Section. 5. [1] Each House shall be the Judge of the Elections, Returns 
and Qualifications of its own Members, and a Majority of each shall constitute 
a Quorum to do Business ; but a smaller Number may adjourn from day to 
day, and may be authorized to compel the Attendance of absent Members, 
in such Manner, and under such Penalties as each House may provide. 

[2] Each House may determine the Rules of its Proceedings, punish its 
Members for disorderly Behaviour, and, with the Concurrence of two thirds, 
expel a Member. 

[3] Each House shall keep a Journal of its Proceedings, and from time to 
time publish the same, excepting such Parts as may in their Judgment require 
Secrecy ; and the Yeas and Nays of the Members of either House on any 
question shall, at the Desire of one fifth of those Present, be entered on the 
Journal. 

[4] Neither House, during the Session of Congress, shall, without the 
Consent of the other, adjourn for more than three days, nor to any other 
Place than that in which the two Houses shall be sitting. 

Section. 6. [1] The Senators and Representatives shall receive a Com- 
pensation 1 for their Services, to be ascertained by Law, and paid out of the 
Treasury of the United States. They shall in all Cases, except Treason, 
Felony and Breach of the Peace, be privileged from Arrest during their 
Attendance at the Session of their respective Houses, and in going to and 
returning from the same ; and for any Speech or Debate in either House, 
they shall not be questioned in any other Place. 

[2] No Senator or Representative shall, during the Time for which he was 
elected, be appointed to any civil Office under the Authority of the United 

1 At present (1904) this is " $5000 per annum, with $ 125 annual allowance for stationery and 
newspapers, and a mileage allowance of twenty cents per mile of travel each way from their 
homes at each annual session." 



250 THE CONSTITUTION OF THE UNITED STATES 

States, which shall have been created, or the Emoluments whereof shall have 
been encreased during such time ; and no Person holding any Office under 
the United States, shall be a Member of either House during his Continuance 
in Office. 

Section. 7. [1] All Bills for raising Revenue shall originate in the House 
of Representatives ; but the Senate may propose or concur with Amend- 
ments as on other Bills. 

[2] Every Bill which shall have passed the House of Representatives and 
the Senate, shall, before it become a Law, be presented to the President of 
the United States ; if he approve he shall sign it, but if not he shall return 
it, with his Objections to that House in which it shall have originated, who 
shall enter the Objections at large on their Journal, and proceed to recon- 
sider it. If after such Reconsideration two thirds of that House shall agree 
to pass the Bill, it shall be sent, together with the Objections, to the other 
House, by which it shall likewise be reconsidered, and if approved by two 
thirds of that House, it shall become a Law. But in all such Cases the Votes 
of both Houses shall be determined by yeas and Nays, and the Names of the 
Persons voting for and against the Bill shall be entered on the Journal of 
each House respectively. If any Bill shall not be returned by the President 
within ten Days (Sundays excepted) after it shall have been presented to 
him, the Same shall be a Law, in like Manner as if he had signed it, unless 
the Congress by their Adjournment prevent its Return, in which Case it 
shall not be a Law. 

[3] Every Order, Resolution, or Vote to which the Concurrence of the 
Senate and House of Representatives may be necessary (except on a ques- 
tion of Adjournment) shall be presented to the President of the United 
States ; and before the same shall take Effect, shall be approved by him, or 
being disapproved by him, shall be repassed by two thirds of the Senate and 
House of Representatives, according to the Rules and Limitations prescribed 
in the Case of a Bill. 

Section. 8. [1] The Congress shall have Power To lay and collect Taxes, 
Duties, Imposts and Excises, to pay the Debts and provide for the common 
Defence and general Welfare of the United States ; but all Duties, Imposts 
and Excises shall be uniform throughout the United States ; 

[2] To borrow Money on the credit of the United States ; 

[3] To regulate Commerce with foreign Nations, and among the several 
States, and with the Indian Tribes ; 

[4] To establish an uniform Rule of Naturalization, and uniform Laws on 
the subject of Bankruptcies throughout the United States ; 

[5] To coin Money, regulate the Value thereof, and of foreign Coin, and 
fix the Standard of Weights and Measures ; 

[6] To provide for the Punishment of counterfeiting the Securities and 
current Coin of the United States ; 



THE CONSTITUTION OF THE UNITED STATES 251 

[7] To establish Post Offices and post Roads ; 

[8] To promote the Progress of Science and useful Arts, by securing for 
limited Times to Authors and Inventors the exclusive Right to their respec- 
tive Writings and Discoveries ; 

[9] To constitute Tribunals inferior to the supreme Court ; 

[10] To define and punish Piracies and Felonies committed on the high 
Seas, and Offences against the Law of Nations ; 

[11] To declare War, grant Letters of Marque and Reprisal, and make 
Rules concerning Captures on Land and Water ; 

[12] To raise arid support Armies, but no Appropriation of Money to that 
Use shall be for a longer Term than two Years ; 

[13] To provide and maintain a Navy ; 

[14] To make Rules for the Government and Regulation of the land and 
naval Forces ; 

[15] To provide for calling forth the Militia to execute the Laws of the 
Union, suppress Insurrections and repel Invasions ; 

[16] To provide for organizing, arming, and disciplining, the Militia, and 
for governing such Part of them as may be employed in the Service of the 
United States, reserving to the States respectively, the Appointment of 
the Officers, and the Authority of training the Militia according to the disci- 
pline prescribed by Congress ; 

[17] To exercise exclusive Legislation in all Cases whatsoever, over such 
District (not exceeding ten Miles square) as may, by Cession of particular 
States, and the Acceptance of Congress, become the Seat of the Government 
Oi the United States, and to exercise like Authority over all Places purchased 
by the Consent of the Legislature of the State in which the Same shall be, 
for the Erection of Forts, Magazines, Arsenals, dock- Yards, and other need- 
ful Buildings ; — And 

[18] To make all Laws which shall be necessary and proper for carrying 
into Execution the foregoing Powers, and all other Powers vested by this 
Constitution in the Government of the United States, or in any Department 
or Officer thereof. 

Section. 9. [1] [The Migration or Importation of such Persons as any 
of the States now existing shall think proper to admit, shall not be pro- 
hibited by the Congress prior to the Year one thousand eight hundred and 
eight, but a Tax or duty may be imposed on such Importation, not exceeding 
ten dollars for each Person.] l 

[2] The Privilege of the Writ of Habeas Corpus shall not be suspended, 
unless when in Cases of Rebellion or Invasion the public Safety ma> 
require it. 

[3] No Bill of Attainder or ex post facto Law shall be passed. 
1 A temporary clause no longer in force. 



252 THE CONSTITUTION OF THE UNITED STATES 

[4] No Capitation, or other direct, Tax shall be laid, unless in Proportion 
to the Census or Enumeration herein before directed to be taken. 

[5] No Tax or Duty shall be laid on Articles exported from any State. 

[6] No Preference shall be given by any Regulation of Commerce or 
Revenue to the Ports of one State over those of another : nor shall Vessels 
bound to, or from, one State, be obliged to enter, clear, or pay Duties in 
another. 

[7] No Money shall be drawn from the Treasury, but in Consequence of 
Appropriations made by Law ; and a regular Statement and Account of the 
Receipts and Expenditures of all public Money shall be published from time 
to time. 

[8] No Title of Nobility shall be granted by the United States : And no 
Person holding any Office of Profit or Trust under them, shall, without the 
Consent of the Congress, accept of any present, Emolument, Office, or Title, 
of any kind whatever, from any King, Prince, or foreign State. 1 

Section. 10. [1] No State shall enter into any Treaty, Alliance, or Con- 
federation ; grant Letters of Marque and Reprisal ; coin Money ; emit Bills 
of Credit ; make any Thing but gold and silver Coin a Tender in Payment 
of Debts ; pass any Bill of Attainder, ex post facto Law, or Law impairing 
the Obligation of Contracts, or grant any Title of Nobility. 

[2] No State shall, without the Consent of the Congress, lay any Imposts 
or Duties on Imports or Exports, except what may be absolutely necessary 
for executing it's inspection Laws: and the net Produce of all Duties and 
Imposts, laid by any State on Imports or Exports, shall be for the Use of the 
Treasury of the United States ; and all such Laws shall be subject to 
the Revision andControul of the Congress. 

[3] No State shall, without the Consent of Congress, lay any Duty of 
Tonnage, keep Troops, or Ships of War in time of Peace, enter into any 
Agreement or Compact with another State, or with a foreign Power, or 
engage in War, unless actually invaded, or in such imminent Danger as will 
not admit of delay. 2 

ARTICLE. II. 

Section. 1. [1] The executive Power shall be vested in a President of the 
United States of America. He shall hold his Office during the Term of four 
Years, and, together with the Vice President, chosen for the same Term, be 
elected, as follows 

[2] Each State shall appoint, in such Manner as the Legislature thereof 
may direct, a Number of Electors, equal to the whole Number of Senators 

1 The personal rights enumerated in Section 9, have been added to, and extended by, Amend- 
ments I.-X. 

2 The provisions of Section 10 have been modified and extended by Amendments XIII.-XV. 



THE CONSTITUTION OF THE UNITED STATES 253 

and Representatives to which the State may be entitled in the Congress: 
but no Senator or Representative, or Person holding an Office of Trust 01 
Profit under the United States, shall be appointed an Elector. 

[3] [The Electors shall meet in their respective States, and vote by Ballot 
for two Persons, of whom one at least shall not be an Inhabitant of the same 
State with themselves. And they shall make a List of all the Persons voted 
for, and of the Number of Yotes for each ; which List they shall sign and 
certify, and transmit sealed to the Seat of the Government of the United 
States, directed to the President of the Senate. The President of the Senate 
shall, in the Presence of the Senate and House of Representatives, open 
all the Certificates, and the Yotes shall then be counted. The Person having 
the greatest Number of Yotes shall be the President, if such Number be 
a Majority of the whole Number of Electors appointed ; and if there be more 
than one who have such Majority, and have an equal Number of Yotes, then 
the House of Representatives shall immediately chuse by Ballot one of them 
for President ; and if no Person have a Majority, then from the five highest 
on the List the said House shall in like Manner chuse the President. But 
in chusing the President, the Yotes shall be taken by States, the Representa- 
tion from each State having one Yote ; A quorum for this Purpose shall con- 
sist of a Member or Members from two thirds of the States, and a Majority 
of all the States shall be necessary to a Choice. In every Case, after the 
Choice of the President, the Person having the greatest Number of Yotes of 
the Electors shall be the Yice President. But if there should remain two or 
more who have equal Yotes, the Senate shall chuse from them by Ballot the 
Yice President.] x 

[4] The Congress may determine the Time of chusing the Electors, and 
the Day on which they shall give their Yotes ; which Day shall be the same 
throughout the United States. 

[5] No Person except a natural born Citizen, or a Citizen of the United 
States, at the time of the Adoption of this Constitution, shall be eligible to 
the Office of President ; neither shall any Person be eligible to that Office 
who shall not have attained to the Age of thirty five Years, and been four- 
teen Years a Resident within the United States. 

[6] In Case of the Removal of the President from Office, or of his Death, 
Resignation, or Inability to discharge the Powers and Duties of the said 
Office, the Same shall devolve on the Yice President, and the Congress may 
by Law provide for the Case of Removal, Death, Resignation or Inability, 
both of the President and Yice President, declaring what Officer shall then 
act as President, and such Officer shall act accordingly, until the Disability 
be removed, or a President shall be elected. 

1 This clause has been superseded by Amendment XII. 



254 THE CONSTITUTION OF THE UNITED STATES 

[7] The President shall, at stated Times, receive for his Services, a Com- 
pensation, which shall neither be encreased nor diminished during the Period 
for which he shall have been elected, and he shall not receive within that 
Period any other Emolument from the United States, or any of them. 

[8] Before he enter on the Execution of his Office, he shall take the fol- 
lowing Oath or Affirmation : — " I do solemnly swear (or affirm) that I will 
faithfully execute the Office of President of the United States, and will to 
the best of my Ability, preserve, protect and defend the Constitution of the 
United States." 

Section. 2. [1] The President shall be Commander in Chief of the Army 
and Navy of the United States, and of the Militia of the several States, when 
called into the actual Service of the United States ; he may require the 
Opinion, in writing, of the principal Officer in each of the executive De- 
partments, upon any Subject relating to the Duties of their respective Offices, 
and he shall have Power to grant Keprieves and Pardons for Offences against 
the United States, except in Cases of Impeachment. 

[2] He shall have Power, by and with the Advice and Consent of the 
Senate, to make Treaties, provided two thirds of the Senators present con- 
cur ; and he shall nominate, and by and with the Advice and Consent of the 
Senate, shall appoint Ambassadors, other public Ministers and Consuls, 
Judges of the supreme Court, and all other Officers of the United States, 
whose Appointments are not herein otherwise provided for, and which shall 
be established by Law : but the Congress may by Law vest the Appointment 
of such inferior Officers, as they think proper, in the President alone, in the 
Courts of Law, or in the Heads of Departments. 

[3] The President shall have Power to fill up all Vacancies that may 
happen during the Recess of the Senate, by granting Commissions which 
shall expire at the End of their next Session. 

Section. 3. [1] He shall from time to time give to the Congress Informa- 
tion of the State of the Union, and recommend to their Consideration such 
Measures as he shall judge necessary and expedient ; he may, on extraor- 
dinary Occasions, convene both Houses, or either of them, and in Case of 
Disagreement between them, with Respect to the Time of Adjournment, he 
may adjourn them to such Time as he shall think proper ; he shall receive 
Ambassadors and other public Ministers ; he shall take Care that the Laws 
be faithfully executed, and shall Commission all the Officers of the United 
States. 

Section. 4. [1] The President, Vice President and all civil Officers of the 
United States, shall be removed from Office on Impeachment for, and Con- 
viction of, Treason, Bribery, or other high Crimes and Misdemeanors. 



THE CONSTITUTION OF THE UNITED STATES 255 



ARTICLE. III. 

Section. 1. [1] The judicial Power of the United States, shall be vested 
in one supreme Court, and in such inferior Courts as the Congress may from 
time to time ordain and establish. The Judges, both of the supreme and 
inferior Courts, shall hold their Offices during good Behaviour, and shall, at 
stated Times, receive for their Services, a Compensation, which shall not be 
diminished during their continuance in Office. 

Section. 2. [1] The judicial Power shall extend to all cases, in Law and 
Equity, arising under this Constitution, the Laws of the United States, and 
Treaties made, or which shall be made, under their Authority ; — to all Cases 
affecting Ambassadors, other public Ministers and Consuls ; — to all Cases 
of admiralty and maritime Jurisdiction ; — to Controversies to which the 
United States shall be a Party ; — to Controversies between two or more 
States ; — between a State and Citizens of another State j 1 betwee.i Citizens 
cf different States, — between Citizens of the same State claiming Lands 
under Grants of different States, and between a State, or the Citizens thereof, 
and foreign States, Citizens or Subjects. 

[2] In all Cases affecting Ambassadors, other public Ministers and Con- 
suls, and those in which a State shall be Party, the supreme Court shall have 
original Jurisdiction. In all the other Cases before mentioned, the supreme 
Court shall have appellate Jurisdiction, both as to Law and Fact, with such 
Exceptions, and under such regulations as the Congress shall make. 

[3] The Trial of all Crimes, except in Cases of Impeachment, shall be by 
Jury ; and such Trial shall be held in the State where the said Crimes shall 
have been committed ; but when not committed within any State, the Trial 
shall be at such Place or Places as the Congress may by Law have directed. 

Section. 3. [1] Treason against the United States, shall consist only in 
levying War against them, or in adhering to their Enemies, giving them Aid 
and Comfort. No Person shall be convicted of Treason unless on the Testi- 
mony of two Witnesses to the same overt Act, or on Confession in open 
Court. 

[2] The Congress shall have Power to declare the Punishment of Treason, 
but no Attainder of Treason shall work Corruption of Blood, or Forfeiture 
except during the Life of the Person attainted. 

ARTICLE. IV. 

Section. 1. [1] Full Faith and Credit shall be given in each State to 
the public Acts, Records, and judicial Proceedings of every other State. And 

1 Modified by Amendment XI. 



256 THE CONSTITUTION OF THE UNITED STATES 

the Congress may by general Laws prescribe the Manner in which such Acts, 
Records and Proceedings shall be proved, and the Effect thereof. 

Section. 2. [1] The Citizens of each State shall be entitled to all Privi- 
leges and Immunities of Citizens in the several States. 1 

[2] A Person charged in any State with Treason, Felony, or other Crime, 
who shall flee from Justice, and be found in another State, shall on Demand 
of the executive Authority of the State from which he fled, be delivered up, 
to be removed to the State having Jurisdiction of the Crime. 

[3] [No Person held to Service or Labour in one State, under the Laws 
thereof, escaping into another, shall, in Consequence of any Law or Regula- 
tion therein, be discharged from such Service or Labour, but shall be delivered 
up on Claim of the Party to whom such Service or Labour may be due.] 2 

Section. 3. [1] New States may be admitted by the Congress into this 
Union ; but no new State shall be formed or erected within the Jurisdiction 
of any other State ; nor any State be formed by the Junction of two or more 
States, or Parts of States, without the Consent of the Legislatures of the 
States concerned as well as of the Congress. 

[2] The Congress shall have Power to dispose of and make all needful 
Rules and Regulations respecting the Territory or other Property belonging 
to the United States ; and nothing in this Constitution shall be so construed 
as to Prejudice any Claims of the United States, or of any particular State. 

Section. 4. [1] The United States shall guarantee to every State in this 
Union a Republican Form of Government, and shall protect each of them 
against Invasion ; and on Application of the Legislature, or of the Executive 
(when the Legislature cannot be convened) against domestic Violence. 

ARTICLE. V. 

[1] The Congress, whenever two thirds of both Houses shall deem it 
necessary, shall propose Amendments to this Constitution, or, on the Appli- 
cation of the Legislatures of two thirds of the several States, shall call a Con- 
vention for proposing Amendments, which, in either Case, shall be valid to 
all Intents and Purposes, as Part of this Constitution, when ratified by the 
Legislatures of three fourths of the several States, or by Conventions in three 
fourths thereof, as the one or the other Mode of Ratification may be proposed 
by the Congress ; Provided that [no Amendment which may be made prior 
to the Year One thousand eight hundred and eight shall in any Manner affect 
the first and fourth Clauses in the Ninth Section of the first Article ; and 
that] 3 no State, without its Consent, shall be deprived of it's equal Suffrage 
in the Senate. 

1 Provisions extended by Amendment XIV. 

2 Superseded by Amendment XIII. 
8 Temporary in its nature. 



THE CONSTITUTION OF THE UNITED STATES 257 



AKTICLE. VI. 

[1] All Debts contracted and Engagements entered into, before the Adop- 
tion of this Constitution, shall be as valid against the United States under 
this Constitution, as under the Confederation. 

[2] This Constitution, and the Laws of the United States which shall be 
made in Pursuance thereof ; and all Treaties made, or which shall be 
made, under the Authority of the United States, shall be the supreme Law of 
the Land ; and the Judges in every State shall be bound thereby, any Thing 
in the Constitution or Laws of any State to the Contrary notwithstanding. 

[3] The Senators and representatives before mentioned, and the Members 
of the several State Legislatures, and all executive and judicial Officers, both 
of the United States and of the several States, shall be bound by Oath or 
Affirmation, to support this Constitution ; but no religious Test shall ever be 
required as a Qualification to any Office or public Trust under the United 
States. 

AETICLE. VII. 

[1] The Ratification of the Conventions of nine States, shall be sufficient 
for the Establishment of this Constitution between the States so ratifying the 
Same. 

The Word, "the", being in- 
terlined between the seventh 

and eighth Lines of the first Done in Convention by the Unanimous Consent 
Page, The Word "Thirty" _ 

being partly written on an of the States P resent the Seventeenth Day Of 

Erazure in the fifteenth Line September in the Year of our Lord one thousand 

of the first Page, The Words 

"is tried" being interlined seven hundred and Eighty seven and of the 

between the thirty second, and 

thirty third Lines of the first Independance of the United States of America 

Page and the Word "the" 

being interlined between the 

forty third and forty fourth hereunto subscribed our Names, 

Lines of the second Page. 

[Note by Printer. — The 
interlined and rewritten 
words, mentioned in the 
above explanation, are in this an d deputy from Virginia 



the Twelfth In Witness whereof We have 



G° : WASHINGTON — Presidt. 



edition, printed in their proper 
places in the text.] 

Attest William Jackson Secretary 



258 THE CONSTITUTION OF THE UNITED STATES 



NEW HAMPSHIRE. 
John Langdon 
Nicholas Gilman 

MASSACHUSETTS. 
Nathaniel Gorham 
Rufus King 

CONNECTICUT. 
Wm : Saml. Johnson 
Roger Sherman 

NEW YORK. 
Alexander Hamilton 

NEW JERSEY. 
Wil : Livingston 
David Brearley. 
Wm. Paterson. 
Jona : Dayton 

PENNSYLVANIA. 
B Franklin 
Thomas Mifflin 
Robt. Morris 
Geo. Clymer 
Thos. Fitz Simons 
Jared Ingersoll 
James Wilson 
Gouv Morris 



DELAWARE. 
Geo : Read 
Gunning Bedford jun 
John Dickinson 
Richard Bassett 
Jaco: Broom 

MARYLAND. 
James McHenry 
Dan of St Thos. Jenifer 
Danl Carroll 

VIRGINIA. 
John Blair — 
James Madison Jr. 

NORTH CAROLINA. 
Wm : Blount 
rlchd. dobbs spaight. 
Hu Williamson 

SOUTH CAROLINA. 
j. rutledge 

Charles Cotesworth Pinckney 
Charles Pinckney 
Pierce Butler. 

GEORGIA. 
William Few 
Abr Baldwin 



THE CONSTITUTION OF THE UNITED STATES 259 
ARTICLES 

in Addition to, and Amendment of the Constitution of the United States of 
America, proposed by Congress and ratified by the Legislatures of the 
Several States, pursuant to the Fifth Article of the Constitution. 

[ARTICLE L] 

Congress shall make no law respecting an establishment of religion, or 
prohibiting the free exercise thereof ; or abridging the freedom of speech, or 
of the press ; or the right of the people peaceably to assemble, and to petition 
the Government for a redress of grievances. 

[ARTICLE II.] 

A well regulated Militia, being necessary to the security of a free State, 
the right of the people to keep and bear Arms, shall not be infringed. 

[ARTICLE III.] 

No Soldier shall, in time of peace be quartered in any house, without the 
consent of the Owner, nor in time of war, but in a manner to be prescribed 
by law. 

[ARTICLE IV.] 

The right of the people to be secure in their persons, houses, papers, and 
effects, against unreasonable searches and seizures, shall not be violated, and 
no Warrants shall issue, but upon probable cause, supported by Oath or 
affirmation, and particularly describing the place to be searched, and the 
persons or things to be seized. 

[ARTICLE V.] 

No person shall be held to answer for a capital, or otherwise infamous 
crime, unless on a presentment or indictment of a Grand Jury, except in 
cases arising in the land or naval forces, or in the Militia, when in actual 
service in time of War or public danger ; nor shall any person be subject for 
the same offence to be twice put in jeopardy of life or limb ; nor shall be 
compelled in any Criminal Case to be a witness against himself, nor be de- 
prived of life, liberty, or property, without due process of law ; nor shall 
private property be taken for public use, without just compensation. 

[ARTICLE VI.] 

In all criminal prosecutions, the accused shall enjoy the right to a speedy 
and public trial, by an impartial jury of the State and district wherein the 



260 THE CONSTITUTION OF THE UNITED STATES 

crime shall have been committed, which district shall have been previously 
ascertained by law, and to be informed of the nature and cause of the accu- 
sation ; to be confronted with the witnesses against him ; to have compul- 
sory process for obtaining Witnesses in his favor, and to have the Assistance 
of Counsel for his defence. 

[ARTICLE VII.] 

In suits at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved, and no fact 
tried by a jury shall be otherwise re-examined in any Court of the United 
States, than according to the rules of the common law. 

[ARTICLE VIII.] 

Excessive bail shall not be required, nor excessive fines imposed, nor cruel 
and unusual punishments inflicted. 

[ARTICLE IX.] 

The enumeration in the Constitution, of certain rights, shall not be con- 
strued to deny or disparage others retained by the people. 

[ARTICLE X.]i 

The powers not delegated to the United States by the Constitution, nor 
prohibited by it to the States, are reserved to the States respectively, or to 
the people. 

[ARTICLE XL] 2 

The Judicial power of the United States shall not be construed to extend 
to any suit in law or equity, commenced or prosecuted against one of the 
United States by Citizens of another State, or by Citizens or Subjects of any 
Foreign State. 

[ARTICLE XII.] 3 

The Electors shall meet in their respective states, and vote by ballot for 
President and Vice President, one of whom, at least, shall not be an inhab- 
itant of the same state with themselves ; they shall name in their ballots the 
person voted for as President, and in distinct ballots the person voted for as 
Vice President, and they shall make distinct lists of all persons voted for as 
President, and of all persons voted for as Vice President, and of the nuinbeJ- 

1 Amendments I.-X. were proclaimed to be in force December 15, 1791. 

2 Proclaimed to be in force January 8, 1798. 

8 Proclaimed to be in force September 25, 1804. 



THE CONSTITUTION OF THE UNITED STATES 261 

of votes for each, which lists they shall sign and certify, and transmit sealed 
to the seat of the government of the United States, directed to the President 
of the Senate ; — The President of the Senate shall, in presence of the Senate 
and House of Representatives, open all the certificates and the votes shall 
then be counted ; — The person having the greatest number of votes for 
President, shall be the President, if such number be a majority of the whole 
number of Electors appointed ; and if no person have such majority, then 
from the persons having the highest numbers not exceeding three on the list 
of those voted for as President, the House of Representatives shall choose 
immediately, by ballot, the President. But in choosing the President, the 
votes shall be taken by states, the representation from each state having one 
vote ; a quorum for this purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states shall be necessary to 
a choice. And if the House of Representatives shall not choose a President 
whenever the right of choice shall devolve upon them, before the fourth day 
of March next following, then the Vice President shall act as President, as 
in the case of the death or other constitutional disability of the President. 
The person having the greatest number of votes as Vice President, shall be 
the Vice President, if such number be a majority of the whole number of 
Electors appointed, and if no person have a majority, then from the two 
highest numbers on the list, the Senate shall choose the Vice President ; 
a quorum for the purpose shall consist of two-thirds of the whole number of 
Senators, and a majority of the whole number shall be necessary to a choice. 
But no person constitutionally ineligible to the office of President shall be 
eligible to that of Vice President of the United States. 

[ARTICLE XIII.] i 

Section 1. Neither slavery nor involuntary servitude, except as a punish- 
ment for crime whereof the party shall have been duly convicted, shall exist 
within the United States, or any place subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article by appro- 
priate legislation. 

[ARTICLE XIV.] 2 

Section 1. All persons born or naturalized in the United States, and sub- 
ject to the jurisdiction thereof, are citizens of the United States and of the 
State wherein they reside. No State shall make or enforce any law which 
shall abridge the privileges or immunities of citizens of the United States ; 
nor shall any State deprive any person of life, liberty, or property, without 

1 Proclaimed to be in force December 18, 1865. 
* Proclaimed to be in force July 28, 1868. 



262 THE CONSTITUTION OF THE UNITED STATES 

due process of law ; nor deny to any person within its jurisdiction the equal 
protection of the laws. 

Section 2. Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole number of persons 
in each State, excluding Indians not taxed. But when the right to vote 
at any election for the choice of electors for President and Vice President of 
the United States, Representatives in Congress, the Executive and Judicial 
officers of a State, or the members of the Legislature thereof, is denied to 
any of the male inhabitants of such State, being twenty-one years of age, 
and citizens of the United States, or in any way abridged, except for partici- 
pation in rebellion, or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such male citizens shall 
bear to the whole number of male citizens twenty-one years of age in such 
State. 

Section 3. No person shall be a Senator .or Representative in Congress, 
or elector of President and Vice President, or hold any office, civil or mili- 
tary, under the United States, or under any State, who, having previously 
taken an oath, as a member of Congress, or as an officer of the United States, 
or as a member of any State legislature, or as an executive or judicial officer 
of any State, to support the Constitution of the United States, shall have 
engaged in insurrection or rebellion against the same, or given aid or comfort 
to the enemies thereof. But Congress may by a vote of two-thirds of each 
House, remove such disability. 

Section 4. The validity of the public debt of the United States, author- 
ized by law, including debts incurred for payment of pensions and bounties 
for services in suppressing insurrection or rebellion, shall not be questioned. 
But neither the United States nor any State shall assume or pay any debt or 
obligation incurred in aid of insurrection or rebellion against the United 
States, or any claim for the loss of emancipation of any slave ; but all such 
debts, obligations and claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

[ARTICLE XV.] i 

Section 1. The right of citizens of the United States to vote shall not be 
denied or abridged by the United States or by any State on account of race, 
color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this article by 
appropriate legislation. 

1 Proclaimed to be in force March 30, 1870. 



INDEX 



(The References are to Sections.) 



Adjutant general, 148. 
Administrator, 58,^78. 
Agriculture, department of, State, 149; 

federal, 217. 
Alaska, 235. 
Alderman, 39. 

Alien, naturalization of, to vote, 26. 
Almshouse, 72, 75. 
Ambassador, 209. 
Amendments to Constitution, State, 114; 

federal, 173. 
Arrest, 41, 42. 

Articles of Confederation, 169. 
Assessment, triennial, 134. 
Assessor, 34. 
Attorney-at-lavv, 60. 
Attorney-general, State, 143; federal, 

215. 
Auditor, township, 37; borough, 37; 

county, 76. 
Auditor general, State, 144. 

Bail, 40. 

Ballot, 38, 72. 

Ballot-box, 38, custodians of, 38 ; pro- 
vided by county commissioners, 72. 

Bank bills, 210. 

Bill, 5; of indictment, 52; in the legisla- 
ture, 127-133; in Congress, 196. 

Borough, origin of, 84; incorporation of, 
85 ; may become a city, 94. 

Borough officers, 86, 89 ; vacancy in 
office of, 90; salaries of, 91. 

British tyranny, 162. 

Burgess, 88. 

Cabinet, 208. 
Census, 217. 
Charles II, 1, 16. 
Charter of Privileges, 3, 7. 
Chester, 2, 6. 
Christiana Creek, 15. 



Cities, origin of, 84; incorporation of, 
94; classification of, 95; government 
of, 96. 

City officers : mayor, 100, in ; controller, 
102; treasurer, 102; solicitor, 104; 
engineer and other officers, 105; va- 
cancies in office of, 106 ; salaries of, 107. 

Civil Service Commission, 219. 

Clerk of election, 38. 

Clerk to county commissioners, 73. 

Clerk of courts, 64, 66. 

Clerk of orphans' court, 64, 68. 

Collateral inheritance tax, 78. 

Collector of taxes, 35, 72. 

Commissioner of banking, 149; of fish- 
eries, 149 ; of forestry, 149 ; of health, 
149. 

Commonwealth, 41, 69. 

Congress, Continental, 166-168 ; federah 
181; sessions of, 181, 182; members 
exempt from interference, 183 ; rules 
of, 184; compensation of members of, 
185. 

Constable, election of, 28 ; vacancy in 
office of, 29 ; duties of, 42 ; borough, 89. 

Constitution, first provincial, 7; first 
amended, 8; the Markham, 10; of 
1701, 11; first State, in; the four 
State, 113; how amended, 114; fed- 
eral, 171; ratified, 172; the amend- 
ments to, 173. 

Consul, 209, 217. 

Continental Army, 167. 

Coroner, election of, 63; vacancy in 
office of, 64 ; duties of, 70. 

Council of Censors, ill. 

Council, common, 97; select, 97; meet- 
ings, 98. 

Council, Provincial, 2, 5, 11. 

Counties, the first, 16, 48 ; the Lower 
Counties, 4, 12; the present, 50; new 
counties organized, 48. 

63 



264 



INDEX 



County commissioners, election of, 63; 
vacancy in office of, 64 ; duties of, 
72. 

County controller, 64, 76. 

County offices, 63; vacancies in office 
of, 64 ; minor officers, 81 ; salaries of, 
82. 

County seat, 61. 

County surveyor, election of, 63 ; va- 
cancy in office of, 64 ; duties of, jj. 

Court-house, 61. 

Courts, local, 2, 16, 39, 88, 101 ; early 
establishment of, 2, 11 ; county, 51 ; 
quarter sessions, 52; oyer and ter- 
miner, 53; common pleas, 55; or- 
phans', 58; State, 153; jurisdiction of, 
154; decisions of, 155; supreme, 156; 
superior, 157 ; federal, 224 ; power of, 
limited, 225 ; Supreme, 226 ; circuit, 
of appeals, 227 ; district, 228 ; of claims, 
229; customs, 230; commerce, 231. 

Declaration of Independence, 109, 168. 

Deed, 79; acknowledgment of, 79. 

Defendant, 40. 

Delaware, 5, 12, 

Departments, administrative, municipal, 
96-100; State, 138-150; federal, 206- 
219. 

Departments of government, State, 115; 
legislative, 117; executive, 138; judi- 
cial, 153 ; federal, 179 ; legislative, 181 ; 
executive, 198; judicial, 224. 

Director of the poor, election of, 63 ; 
vacancy in office of, 64 ; duties of, 75. 

District attorney, election of, 63 ; vacancy 
in office of, 64 ; duties of, 69. 

District of Columbia, 234. 

Duke of York, 3, 16. 

Dutch settlements, 15. 

Election district, 24. 

Election officers, 38. 

Election returns, 38, township and 
borough, 66; county, State, and na- 
tional, 67. 

Elections, 25. 

Elementary school subjects, 46. 

Eminent domain, 55. 

Executive Council, in. 



Federal domain, 232. 
Federal government, 170. 
Felonies, 53. 

Frame of Government, 7. 
Franklin, Benjamin, 161, 171. 
Freemen, 3, 5, 6, 86. 

General Assembly, provincial, 5-13; 
State, 117-136. 

Germantown, first borough, 86. 

Government, power of, limited, 112; 
powers of, classified, 115; federal, 
powers of, how vested, 179. 

Governor, 140. 

Grand jury, 54. 

Habeas corpus, writ of, 156, 157. 
Hawaii, 236. 
High constable, 42. 

House of Representatives, State, 117- 
136; federal, 181-196. 

Impeachment, 190, 195. 

Indictment, bill of, 52, 54. 

Inspector of election, 38. 

Interstate Commerce Commission, 218. 

Jail, 72, 81. 

Jeopardy of life, 57. 

Judge of election, 38. 

Judges, of county courts, 59; of State 
courts, 156-159 ; of federal courts, 
226-230. 

Judicial authority, State system of, 153 ; 
federal, limited, 225. 

Jurisdiction, of State courts, 154; of 
federal courts, 225. 

Jurors, selection of, 71. 

Jury, 57; grand, 54. 

Jury commissioner, 71. 

Justice of the peace, 39; may act as a 
coroner, 70; may act as federal com- 
missioner, 177. 

Law, of the State, 56; common, 56; in 

criminal cases, 56. 
Law-making, State, 127 ; federal, 196. 
Laws, provincial, adopted by State, no; 

new, how distributed, 67. 
Librarian, State, 149; federal, 221. 



INDEX 



265 



Libraries, school and public, 44; State 
library, 149 ; Library of Congress, 221. 
Lieutenant governor, 141. 
Limitation of legislative power, 134. 
Local districts, 15-26. 
Local officers, 28-46. 

Magistrates, 28. 

Markham, William, 2, 9, 10. 

Marriage license, 39, 68. 

Massachusetts resists British tyranny, 

163. 
Mayor, ioo, 101. 
Mercantile appraiser, 81. 
Mine inspectors, 149. 
Ministers, of State, 209. 
Money, 210. 
Mount Alto Reservation, 149. 

National banks, 210. 
National government, 175-179. 
National guard, 148. 
New Castle, 4. 
Nomination, 25, 72. 
Normal schools, 147. 

Ordinances, township, 31 ; borough, 87; 

city, 97-99. 
Overseers of the poor, 33. 

Panama Canal Zone, 240. 

Patents, 214. 

Paupers, 21, 33, 75. 

Penn, William, 1-17, 21, 60, 79. 

Penn, Sir William, 1. 

Pennsylvania State Reports, 156. 

Pennsylvania Superior Court Reports, 

157. 
Pensions, 214. 
Philippines, 238. 
Plaintiff, 40. 
Plan of government, 3. 
Poor district, 21. 
Porto Rico, 237. 
Postal Union, 213. 
Postmaster general, 213. 
President, 198; election of, 199, 200; 

inauguration of, 201. 
Presidential succession, 202. 
Printing, State, 149; federal, 222, 
Prison inspector, 81. 



! Process, 65. 
I Prosecutor, 41. 

I Prothonotary, election of, 63 ; vacancy in 
office of, 64 ; duties of, 67. 

Recognizance, 66. 

Recorder of deeds, election of, 63 ; va- 
cancy in office of, 64; duties of, 79. 

Register of wills, election of, 63; vacancy 
in office of, 64 ; duties of, 78. 

Registration of voters, 26, 34. 

Religion, 3. 

Roads, public, 20, 30, 31, 149; private, 
20. 

School directors, 43, 80. 

School district, 22, 23. 

Schools, 5, 20, 22; public, 44; compul- 
sory attendance, 45 ; term, 46 ; school 
month, 46. 

Secretary, of agriculture, State, 149 ; fed- 
eral, 216; of interior, 214; of internal 
affairs, 146; of navy, 212; of the 
commonwealth, 142; of State, 209; of 
the treasury, 210; of war, 211. 

Senate, State, 123 ; United States, 191. 

Senatorial districts, 119. 

Senators, State, 120, 121 ; United States, 
191, 192. 

Sheriff, election of, 63; vacancy in office 
of, 64 ; duties of, 65. 

Smithsonian Institution, 220. 

Solicitor, county, 81 ; city, 104. 

Speaker, State, 124; federal, 189. 

State, how province became, 109. 

State militia, 148. 

State officers, 120. 

State police, 149. 

State treasurer, 145. 

Superintendent of public instruction, 147. 

Superintendent of schools, 80. 

Superior court, 157. 

Supreme Court, 156. 

Swedish settlers, 15. 

Taxes, n, 34, 35 ; road tax, 20, 35; poor 
tax, 33, 75 ; school tax, 34, 43, 44 ; dog 
tax, 34, 35,72; State tax, 34. 

Tax receipts, duplicate stubs of, 35. 

Teachers, 46, 80, 147. 



266 



INDEX 



Teachers' institute, 80. 
Territorial government, 233. 
Towns, 17. 
Townships, 16-20. 
Town clerk, 32. 
Township commissioners, 31. 
Township supervisors, 30. 
Treasurer, township, 36; county, 
State, 145; federal, 210. 

Union, Albany plan of, 161. 



74; 



Union of colonies, 165. 
Upland, 2. 

Vice-President, 194, 199, 200, 202, 204 

205. 
Voter, 26; may be assisted, 38. 

Warrant of arrest, 41. 
Will, 78. 
Writ, 65. 



MAY 22 1912 



